The ESG landscape will become more complex in 2022, and in-house counsel and compliance professionals should be aware of five emerging trends, say Crowell & Moring’s Thomas A. Lorenzen and Elizabeth B. Dawson. Findings of a recent Crowell survey shows that only about two-thirds of in-house counsel said they were up to speed on environmental issues and understand their impact on the future of their business.

In the world of environmental law and policy, 2021 brought about many notable developments, from the Biden administration’s policy shifts at the beginning of the year to COP26’s deliberations and diplomacy regarding climate change toward the end. At the same time, environmental, social, and governance issues (ESG) have been elevated in the popular discourse as never before.

In addition to executive, legislative, and judicial news in the U.S. and abroad, informing our analysis are the results of a recent Crowell & Moring survey polling in-house counsel, sustainability professionals, compliance professionals, and others on how their companies are navigating ESG and environmental performance.

Interestingly, only about two-thirds of in-house counsel said they were up to speed on environmental issues and understand their impact on the future of their company’s business.

In the fast-changing landscape of ESG, the only certainty is that things will become more complex. The following five developments—encompassing litigation, regulation, policy, disclosures, and supply chain—are by no means the sum total of the myriad environmental issues that demand attention, but they capture several important, emerging themes.

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