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Georgetown University Law Center

2022

Business Organizations Law

ESG

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Purpose Driven Companies In The United States, Alicia E. Plerhoples Jan 2022

Purpose Driven Companies In The United States, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

The United States is the birthplace of benefit corporations precisely because of American society’s over-reliance on the private sector to solve societal problems. U.S. federal and state regulation continuously fails to provide robust social safety nets or prevent ecological disasters. American society looks to companies to do such work. U.S. social enterprise entities attempt to upend the U.S. legal framework which binds fiduciaries to focus on shareholder value. These entities are permitted, and sometimes required, to take into account environmental, social, and governance (“ESG”) impacts of their operations, essentially internalizing ESG costs that would otherwise be paid by American communities …