(The opinions expressed here are those of the author, a
columnist for Reuters. This column is part of the weekly Reuters
Sustainable Finance newsletter, which you can sign up for here https://www.reuters.com/newsletters/reuters-sustainable-finance/)
By Ross Kerber
Feb 5 (Reuters) - First Solar ( FSLR ) agreed to refrain
from using minerals mined from the deep sea, an early win for
shareholder environmental activists and a sign their agenda
might make progress despite opposition from U.S. President
Donald Trump's administration.
The Tempe, Arizona-based photovoltaic manufacturer will keep
the minerals out of its supply chain "until scientific findings
are sufficient to assess the environmental risks of this
potentially devastating new mining process," according to a
summary of the agreement provided to Reuters by advocacy group
As You Sow. In return, the group withdrew a shareholder
resolution calling for a moratorium on such minerals.
The step is hardly revolutionary: other companies and
governments have made similar commitments on worries that the
quest to exploit the seabed for rare metals like those used for
electric vehicle batteries could damage the ocean's ecosystem.
But it could encourage shareholders worried about the
backlash against environmental, social and governance (ESG)
investment considerations from the Trump Administration and
other Republican U.S. officials.
The springtime annual meeting season is approaching against
the backdrop of the early days of Trump's second term, which
have brought chaos to disbursal of U.S. foreign assistance,
uncertainty for automakers and pressure on corporate diversity
programs.
The First Solar ( FSLR ) deal shows many corporate executives at
least remain concerned about environmental matters, said Andrew
Behar, CEO of As You Sow, a prolific filer of shareholder
resolutions.
"I know everyone is despairing about ESG, but the bottom
line to me is that companies want to get better and thrive,"
Behar said in a telephone interview.
First Solar ( FSLR ) representatives did not respond to messages. The
company's website states it is committed to "continuing to
exclude deep sea mining" pending more scientific findings.
Behar said his group will submit around 70 resolutions this
year, down from 89 in 2024. Many companies remain receptive to
talks and to making changes without being pressured by a
resolution, Behar said.
Proxy solicitor Georgeson counted 93 ESG-related proposals
filed at Russell 3000 companies to date, with 13 of them
withdrawn so far and still time for the total number of deals
between activists and stock issuers to increase. That is roughly
in line with the pace in 2024, when 99 ESG-related resolutions
were filed, and the 103 ESG-related resolutions filed in 2023.
ESG backers also scored a win at Costco Wholesale ( COST )
last month when 98% of shares cast were voted against
a measure seeking a report on the risks of its diversity and
inclusion efforts. But a group of Republican attorneys general
renewed pressure on the company.
Among ESG setbacks, Sanford Lewis, an attorney representing
pro-ESG filers, cited a Nov. 29 U.S. Securities and Exchange
Commission decision allowing Air Products and Chemicals ( APD )
to skip a vote on a lobbying report, reversing past stances.
SEC representatives did not respond to messages. The
agency's staff may have made the call due to views of Republican
commissioners that the resolutions take up too much corporate
attention, he said. But other cases suggest the agency will
still move other types of resolutions onto corporate ballots, he
said.
SEC staff, he said, "could possibly issue new guidance that
clarifies how to draft defensible proposals. Doing so would be
better than eliminating these important investor rights
entirely."