Editor’s note: This article was written by Lawrence Cuningham, WCCG Director and Alex White, WCCG Myron T. Steele Fellow
On Feb. 13, the John L. Weinberg Center for Corporate Governance hosted its fourth annual event, “From Boom to Backlash: Guiding Directors in a Shifting ESG Landscape,” at Clayton Hall on the University of Delaware campus. The event brought together nearly 100 corporate leaders, legal experts and students to discuss the evolving challenges and responsibilities of directors in the ever-changing environmental, social and governance (ESG) landscape.
The panel, organized and moderated by Lawrence Cunningham, director of the Weinberg Center, and John W. White, a member of the center’s advisory board, featured diverse perspectives on the intersection of ESG with corporate governance, investor expectations and political dynamics. Panelists offered practical advice for boards, including strategies for managing the pressures and risks associated with ESG considerations in today’s contentious and polarized climate.
Key Takeaways from the Panel Discussion
The key themes raised by panelists during the discussion underscored that boards must remain grounded in their fiduciary responsibilities while balancing the increasing demands of stakeholders, investors and regulators. Key takeaways included:
- Strategic Focus: Directors should prioritize long-term business goals and risk management over short-term political or social pressures.
- Regulatory Vigilance: The ESG landscape is being shaped by shifting political and regulatory winds, and boards must stay informed and proactive.
- Expert Guidance: Directors should tap into expert resources to help guide decisions on complex ESG matters.
- Transparency: Companies must treat ESG disclosures with the same rigor as financial reports to ensure accountability and mitigate legal risks.
UD Students Offer Insights on the Future of ESG
As part of the event, the center hosted a writing competition for students, inviting them to submit papers summarizing the discussion, highlighting major themes and proposing open questions for future debate. The winners of the competition were UD Lerner undergraduate students Lucas Troutner, Class of 2027, finance major; Brooke Burkhardt, Class of 2026, finance major; and Anna Goldkamp,Class of 2027, finance and financial planning double major each receiving a $500 cash prize.
Troutner’s Reflection on ESG’s Evolution and the Backlash
Among the competition winners, Troutner’s paper stood out for its examination of ESG’s evolution, particularly the factors contributing to its backlash. His winning paper, “The Pendulum of ESG: From Boom to Backlash,” explored how the movement, once hailed as a framework for aligning business with long-term value creation, has become increasingly polarized.
Troutner highlighted that, initially, ESG was grounded in traditional corporate values like sustainability and governance, which were broadly embraced. However, he noted that the movement gained significant momentum during the COVID-19 pandemic as social and political movements rose to prominence. This led to a dramatic increase in ESG investments and corporate discussions about ESG. But enthusiasm for the movement began to stall as critics argued that some corporations prioritized personal political agendas over shareholder value.
Troutner pointed to the 2023 Disney shareholder lawsuit, in which the company’s public stance against Florida’s Parental Rights in Education law, commonly referred to as the “Don’t Say Gay” bill, became a flashpoint in the broader debate over corporate involvement in social issues. While Disney ultimately won the case, Troutner emphasized how the episode demonstrated the tensions between corporate values, shareholder interests and external political pressures.
As the ESG landscape evolves, Troutner stressed the need for companies to align ESG initiatives with long-term business strategy rather than ideological commitments. “The pendulum may have swung back,” he wrote, but the future of ESG lies in its practical integration into sound business practices that enhance shareholder value and long-term sustainability.
Burkhardt’s Analysis of ESG and Regulatory Shifts
Burkhardt’s essay, “From Boom to Backlash: Navigating ESG in a Shifting Landscape,” examined the growing intersection of political shifts, regulatory changes and corporate governance concerns reshaping ESG policies. She noted that while the U.S. political climate has influenced ESG strategies, it is not just politics at play. Burkhardt highlighted how key legal decisions, such as the Supreme Court’s ruling on affirmative action, have forced companies to reevaluate their diversity, equity and inclusion (DEI) efforts.
Burkhardt also examined how companies are now navigating new regulatory challenges. With the anticipated influence of a Republican-majority Securities and Exchange Commission and the potential for significant changes to climate-related disclosure rules, companies face increasing pressure to manage ESG commitments while maintaining long-term strategic goals. “Companies must navigate these complexities to ensure compliance without compromising their business objectives,” she wrote, pointing to the evolving ESG reporting requirements such as the Corporate Sustainability Reporting Directive that could impact U.S. companies.
The role of corporate boards in managing ESG concerns was another focal point of Burkhardt’s essay. She discussed the delicate balance that boards must strike when considering ESG initiatives, using the Disney case as an example of how public stances on social issues can lead to significant conflict. Burkhardt raised key questions about whether companies should take public positions on social issues or remain neutral, urging directors to carefully assess whether ESG initiatives align with business strategy and shareholder expectations.
A key takeaway from Burkhardt’s analysis was the need for boards to prioritize long-term value creation, risk management and strategic stability. She noted that boards should focus on business fundamentals and avoid reacting to external pressures in a way that could jeopardize shareholder value. “Boards must remain focused on their fundamental responsibilities,” she wrote, advising directors to leverage internal audit teams and external advisors to ensure their ESG strategies are robust and aligned with company goals.
Goldkamp’s Insights on ESG and Corporate Governance
In her winning essay, “Navigating the ESG Landscape: A Student’s Reflection on the Weinberg Center Conference,” Goldkamp expressed gratitude for the opportunity to attend the event and learn from experts in the field. As a student new to corporate governance, Goldkamp noted how valuable it was to hear different perspectives from the speakers, particularly about whether companies should take a stand on sensitive ESG issues.
Goldkamp appreciated the overview of ESG, particularly how it originated in the United Nations and was growing in the U.S. until 2022 when interest in the movement declined. The event was particularly timely given the political climate and the changes in DEI regulations under the Trump administration.
Goldkamp found it eye-opening that certain companies have been accused of greenwashing—falsely presenting themselves as proponents of ESG principles while failing to meet their promises. She was also intrigued by the discussion on how companies, even if no longer legally required to report DEI data, must still consider the implications of ceasing such disclosures. Abruptly stopping DEI reporting, she noted, can result in a loss of shareholder trust and a drop in stock prices, as investors may perceive this as the company hiding something.
The Future of ESG: A Balance of Business and Values
As corporate boards continue to navigate the challenges of ESG in an increasingly polarized environment, all three student authors emphasized the importance of careful consideration, strategic alignment and transparency. While ESG is unlikely to disappear, its future depends on how effectively companies can integrate it into their business strategies without allowing it to become a political battleground. For now, companies must continue to balance shareholder interests with societal expectations while adapting to an ever-changing landscape.