Regulatory Shaming and the Problem of Corporate Climate Obstruction

42 Pages Posted: 21 Sep 2022

See all articles by Sharon Yadin

Sharon Yadin

The Max Stern Yezreel Valley College School of Public Policy; University of Haifa Faculty of Law

Date Written: September 14, 2022

Abstract

The Article examines the rationales and justifications for regulatory climate shaming—a nascent approach involving the governmental publication of information regarding corporate contribution to climate change, with the aim of generating public pressure on companies to comply with climate change norms. Regulatory climate shaming is employed by national and subnational regulators in and outside the US via tools such as naming-and-shaming lists and rankings, environmental databases, climate labels, and corporate disclosure obligations. Generally, regulation by shaming is considered controversial, as it involves public condemnation and targets corporate reputation. However, the Article’s main argument is that regulatory climate shaming is an important tool that can and should be utilized by regulators not only for inducing compliance but also for fighting crucial meta-regulation problems like corporate climate obstruction. Building on regulatory shaming theory and climate obstruction scholarship, the Article offers a normative theory of regulatory climate shaming and discusses the ways in which shaming can fight climate denial, climate washing and other climate obstruction practices employed by the fossil fuel industry and other industries.

Keywords: climate change, shaming, regulation, ESG, corporate compliance, climate washing, climate denial, climate obstruction, oil & gas companies, climate litigation, regulatory shaming, soft law, soft regulation

Suggested Citation

Yadin, Sharon, Regulatory Shaming and the Problem of Corporate Climate Obstruction (September 14, 2022). 60 Harvard Journal on Legislation, forthcoming 2023, Available at SSRN: https://ssrn.com/abstract=4215387 or http://dx.doi.org/10.2139/ssrn.4215387

Sharon Yadin (Contact Author)

The Max Stern Yezreel Valley College School of Public Policy ( email )

Yezreel Valley, IL 1930600
Israel

HOME PAGE: http://www.sharonyadin.com/e

University of Haifa Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

HOME PAGE: http://www.sharonyadin.com/e

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