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Sustainable Development

Lee A. DeHihns III

Lee A. DeHihns III

Alston & Bird, LLP

Alston & Bird, LLP

White Paper 2009

(2)

LEARNING OBJECTIVES

Provide a historical perspective

about sustainability

Present case studies of key

corporations

Discuss resources and future

(3)

1972 1987 1992 1997 1999 2002 … TOMORROW STOCKHOLM CONFERENCE Declaration on the Human Environment

Historical Perspective

RIO/BRAZIL U.N. CONFERENCE ON ENVIRONMENT & DEVELOPMENT World Business Council for Sustainable Development (WBCSD)

(4)

World Business Council for

World Business Council for

Sustainable Development

Sustainable Development

(WBCSD)

(WBCSD)

 The WBCSD is a council of 200 leading global

corporations with a market capitalization of $7 Trillion+

 The group’s President Bjorn Stigson said at their

annual meeting in Johannesburg in Nov 2008:

“The companies in our membership are innovative and well-managed partly because of their commitment to sustainable development. They are also the front

runners in understanding the business benefits derived from innovative energy and environmental

(5)

World Business Council Sustainable

World Business Council Sustainable

Development (WBCSD)

Development (WBCSD)

It provides a platform for companies to explore

sustainable development, share knowledge,

experiences and best practices, and to advocate business positions on these issues in a variety of forums, working with governments,

non-governmental and internon-governmental organizations.

Members are drawn from more than 35

countries and 20 major industrial sectors. The Council also benefits from a global network of about 55 national and regional business

(6)

Future

Trends

STOCKHOLM CONFERENCE Declaration on the Human Environment Dow Jones Sustainability Indexes

Historical Perspective

JOHANNESBURG Declaration on Sustainable Development RIO/BRAZIL U.N. CONFERENCE ON ENVIRONMENT & DEVELOPMENT 1972 1987 1992 1997 1999 2002 … TOMORROW Kyoto Protocol

(7)

Dow Jones Sustainability Indexes

Dow Jones Sustainability Indexes

 Launched in 1999, the Dow Jones Sustainability

Indexes are the first global indexes tracking the

financial performance of the leading sustainability-driven companies worldwide in terms of corporate sustainability. Based on the cooperation of Dow Jones Indexes, STOXX Limited and SAM, they

provide asset managers with reliable and objective benchmarks to manage sustainability portfolios.

 All indexes of the DJSI family are assessed

according to the same Corporate Sustainability Assessment and respective criteria.

(8)

DJSI GLOBAL SUPERSECTOR LEADERS

DJSI GLOBAL SUPERSECTOR LEADERS

2008/2009

2008/2009Automobiles & Parts

Banks

Basic ResourcesChemicals

Construction & MaterialsFinancial Services

Food & BeverageHealth Care

Industrial Goods & ServicesInsurance

MediaOil & Gas

Personal & Household GoodsReal Estate

Retail

Technology

TelecommunicationsTravel & Leisure

Utilities

BMW -Germany

Australia & NZ Banking GroupXstrata Plc -UKBASF SE - GermanyHolcim -SwitzerlandItausa-Investimentos - BrazilUnilever - NetherlandsNovartis AG - SwitzerlandTNT N.V. - NetherlandsSwiss Re - SwitzerlandPearson Plc. - UKENI - ItalyAdidas AG - Germany

Land Securities Group PLC - UKKingfisher Plc - UK

Intel Corp. - USABT Group Plc -UK

Air France-KLM - FranceGrupo Iberdrola -Spain

(9)

LEARNING OBJECTIVES

Provide a historical perspective

about sustainability

Present case studies of key

corporations

Discuss resources, strategic

(10)

A Case Study

A Case Study

BASF

BASF

 BASF is the leading chemical company in the most

important sustainability index - the Dow Jones Sustainability Index (DJSI World).

 BASF shares were included in the DJSI World for the

eighth year in succession in 2008. The companies included in the DJSI-World are selected out of all

2,500 members of the Dow Jones Global Index on the basis of sustainability criteria … only the top 10 % in each industry group are selected.

 BASF was recognized for its climate strategy, its

environmental and social reporting and for

(11)

A Case Study

A Case Study

Newmont Mining

Newmont Mining

Jan 2009

“Even at showcase mines, such as Newmont Mining Corporation's Batu Hijau operation in eastern

Indonesia, where $600 million has been spent to mitigate the

environmental impact, there is no avoiding the brutal calculus of gold mining. Extracting a single ounce of gold there—the amount in a typical wedding ring—requires the removal of more than 250 tons of rock and ore.”

(12)

A Case Study

IBM

IBM

 Sam Palmisano, IBM Chairman and CEO, told the

Council on Foreign Relations in November 2008:

 “We are all now connected – environmentally, technically and

socially. But we are also learning that being connected is not sufficient. Yes, the world continues to get flatter and yes, it continues to get smaller and more interconnected. But

something is happening that holds even greater potential. In a word, our planet is becoming smarter.”

 He concluded his speech by saying: “The world now beckoning

us is one of enormous promise. And I believe it is one we can build – if we open our minds and let ourselves think about all that a smarter planet could be.”

(13)

A Case Study

A Case Study

Wal

Wal

-

-

Mart

Mart

 At the China Sustainability Summit in Beijing in

Oct. 2008, Wal-Mart CEO Leo Scott said:

 “Sustainability in our operations and supply chain

-selling and making products in an efficient, socially responsible way - will be essential to meeting the expectations in the future.”

 “For us, sustainability is about building a better business.

It is about making a positive difference in people’s lives and their communities. And it is about staying out in front of the changes that will take place in world not just next month or next year, but for decades to come.”

(14)

KPMG Sustainability Report

KPMG Sustainability Report

 In October 2008, KPMG released in first

sustainability report since 2005 and concluded that:

 Twice as many companies publicly released sustainability

data on their environmental, social and governance information in 2008 compared with 2005.

 Ethics outweighed economics for the first time as the

primary reason for such disclosures.

 The report looked at information from the top 100

U.S. companies by revenue:

 74% released corporate responsibility information.  Of the Global Fortune 250, 80% released corporate

(15)

LEARNING OBJECTIVES

Provide a historical perspective

about sustainability

Present case studies of key

corporations

Discuss resources and future

(16)

Cut Emissions, Cut Costs

Reduce your company's global warming impacts and improve your business bybuilding climate actioninto your strategy.

Resources

(17)

Resources

Resources

Businesses/Forums:

 Environmental Defense Fund’s Innovation Exchange, LOHAS, SOL Sustainability Consortium, CERES,

Businesses for Social Responsibility, Consulting Firms, Stakeholders (Investors, Vendor/Partners, etc.)

Universities:

 Emory University (Office of Sustainability Initiatives), University of Michigan (Erb Institute for Global

Sustainable Enterprise), Arizona State (Global Institute of Sustainability), KSU (Director of Sustainability)

(18)

Future Trends

(19)

APPENDIX

(20)

1972 Stockholm Conference

1972 Stockholm Conference

Declaration on the Human Environment

Principle 1:

Man is both creature and molder of his

environment, which gives him physical sustenance and

affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the

human race on this planet a stage has been reached when,

through the rapid acceleration of science and technology, man has acquired the power to transform his environment in

countless ways and on an unprecedented scale.

Principle 3:

Man has constantly to sum up experience

and go on discovering, inventing, creating and advancing. In our time man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of

development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human

(21)

1972 Stockholm Conference

1972 Stockholm Conference

Declaration on the Human Environment

Principle 6: A point has been reached in history when we must shape

our actions throughout the world with a more prudent care for their

environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well-being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our prosperity a better life in an environment more in keeping with human needs and hopes. To defend and improve the human environment for present and future generations has become an imperative goal for mankind-a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of world-wide economic and social development.

Principle 11: The environmental policies of all States should enhance

and not adversely affect the present or future development potential of

developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and

international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the

(22)

Report of the World Commission on Environment

Report of the World Commission on Environment

and Development:

and Development: ““Our Common FutureOur Common Future”” (Brundtland 1987)

(Brundtland 1987)

1. Sustainable development is development that meets the needs of the present without compromising the ability of future

generations to meet their own needs. It contains within it two key concepts:

the concept of ‘needs’, in particular the essential needs of

the world’s poor, to which overriding priority should be given; and

the idea of limitations imposed by the state of technology

and social organization on the environment’s ability to meet present and future needs.

4. The satisfaction of human needs and aspirations is the major objective of development. The essential needs of vast numbers of people in developing countries for food, clothing, shelter, jobs -are not being met, and beyond their basic needs these people have legitimate aspirations for an improved quality of life. A world in which poverty and inequity are endemic will always be prone to ecological and other crises. Sustainable development requires meeting the basic needs of all and extending to all the opportunity to satisfy their aspirations for a better life.

(23)

1992 UNITED NATIONS CONFERENCE ON

1992 UNITED NATIONS CONFERENCE ON

ENVIRONMENT AND DEVELOPMENT

ENVIRONMENT AND DEVELOPMENT

(

(

Rio Conference

Rio Conference

)

)

Charged by the UN General Assembly to

“elaborate strategies . . . to promote

sustainable and environmentally sound

development in all countries.”

 Principle 1: Human beings are at the center of concerns for

sustainable development. They are entitled to a healthy and productive life in harmony with nature.

 Principle 3: The right to development must be fulfilled so as to

equitably meet developmental and environmental needs of present and future generations.

 Principle 4: In order to achieve sustainable development,

(24)

1992 UNITED NATIONS CONFERENCE ON

1992 UNITED NATIONS CONFERENCE ON

ENVIRONMENT AND DEVELOPMENT

ENVIRONMENT AND DEVELOPMENT

(Rio)

(Rio)

 Principle 1: Human beings are at the center of concerns for

sustainable development. They are entitled to a healthy and productive life in harmony with nature.

 Principle 3: The right to development must be fulfilled so as to

equitably meet developmental and environmental needs of present and future generations.

 Principle 4: In order to achieve sustainable development,

environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.

(25)

“Development that meets the

needs of the present without

compromising the ability of

future generations to meet their

own needs”

(26)

2002 Johannesburg Declaration

2002 Johannesburg Declaration

on Sustainable Development

on Sustainable Development

Principle 18: We welcome the focus of the Johannesburg Summit on the

indivisibility of human dignity and are resolved, through decisions on targets, timetables and partnerships, to speedily increase access to such basic

requirements as clean water, sanitation, adequate shelter, energy, health care, food security and the protection of biodiversity.

Principle 19: We reaffirm our pledge to place particular focus on, and give

priority attention to, the fight against the worldwide conditions that pose severe threats to the sustainable development of our people, which include: chronic hunger; malnutrition; foreign occupation; armed conflict; illicit drug problems; organized crime; corruption; natural disasters; illicit arms

trafficking; trafficking in persons; terrorism; intolerance and incitement to racial, ethnic, religious and other hatreds; xenophobia; and endemic,

communicable and chronic diseases, in particular HIV/AIDS, malaria and tuberculosis.

Principle 20: We are committed to ensuring that women’s empowerment,

emancipation and gender equality are integrated in all the activities

encompassed within Agenda 21, the Millennium development goals and the Plan of Implementation of the Summit.

(27)

BASF

BASF

"A business cannot be successful in the long term if it does

not act responsibly toward the environment and society.

That is why sustainability is an integral part of our strategy." Jürgen Hambrecht, Chairman of the Board of Executive Directors

Acting responsibly in our Supply Chain:

How carefully do carriers handle BASF's products? Under what

conditions do BASF's technical partner companies work? How safe are our suppliers' products and processes?

What counts for us is acting responsibly throughout the entire

supply chain because we want to build stable and sustainable relationships with our business partners. This is why we choose carriers, service providers and suppliers not just on the basis of price, but also include their performance in the fields of

environmental and social responsibility when making our decisions.

(28)

Newmont Mining

Newmont Mining

Beginning with geologic exploration, our success is tied to

our ability to develop, operate and close mines in a manner that provides long-term value. Long-term value has evolved into a broad set of concepts that are now referred to as

"sustainable development" or "sustainability."

Sustainability can be summarized in four key principles:

First, benefits of economic activity must be considered in

relation to their respective social and environmental consequences;

Second, in using resources, we must consider the needs and

expectations of future generations;

Third, government, business and other segments of civil society

must act together to balance these needs;

Fourth, the corporate governance contributes to sustainable

economic development by enhancing the performance of the company and increasing its access to land and capital.

(29)

Newmont Mining

Newmont Mining

Protect and respect human rights, community engagement

and consultation, contribute to communities' development aspirations, and mitigate the impacts of our mining

activities. Our ability to engage, understand and manage the needs and interests of communities during the development and operating stages is the key challenge around

communities.

Protect human health and the environment, and work in

cooperation with host communities and governments to create sustainable, long-term economic and social

opportunities.

Eliminate or reduce to a level as low as reasonably possible

any risk that could result in personal injury, illness, property damage, process or loss to the environment by developing and implementing the most effective health, safety and loss prevention management system possible

Attract, develop and retain the company's most valuable

(30)

Newmont Mining Jan. 2009

Newmont Mining Jan. 2009

NG

NG

 National Geographic Magazine “Even at showcase

mines, such as Newmont Mining Corporation's Batu Hijau operation in eastern Indonesia, where $600 million has been spent to mitigate the

environmental impact, there is no avoiding the brutal calculus of gold mining. Extracting a single ounce of gold there—the amount in a typical

wedding ring—requires the removal of more than 250 tons of rock and ore.”

(31)

Newmont Mining NG

Newmont Mining NG

 “Pushed by rising gold prices and the depletion of deposits in the U.S.,

South Africa, and Australia, the world's largest mining companies are pursuing gold to the ends of the Earth. Few companies have gone

global more aggressively than Newmont, a Denver-based mining giant that now runs open-pit gold mines on five continents, from the

lowlands of Ghana to the mountaintops of Peru. Lured by the benefits of operating in the developing world—lower costs, higher yields, fewer regulations—Newmont has generated tens of thousands of jobs in poor regions. But it has also come under attack for everything from

ecological destruction to the forced relocation of villagers.

 At Batu Hijau, where Newmont, the single largest share-holder, is

wholly responsible for the mine's operation, the company has

responded by ramping up community development and environmental programs—and dismissing its critics. "Why is it that activists

thousands of miles away are yelling, but nobody around the mine complains?" asks Malik Salim, Batu Hijau's senior external relations manager. "Gold is what drives everybody crazy.”

(32)

Newmont Mining NG

Newmont Mining NG

At Batu Hijau, Newmont uses a finely tuned

flotation technology that is nontoxic, unlike the

potentially toxic cyanide "heap leaching" the

company uses in some of its other mines. Even

so, no technology can make the massive waste

generated by mining magically disappear. It

takes less than 16 hours to accumulate more

tons of waste here than all of the tons of gold

mined in human history. The waste comes in

two forms: discarded rock, which is piled into

flat-topped mountains spread across what used

to be pristine rain forest, and tailings, the

effluent from chemical processing that

Newmont pipes to the bottom of the sea.

(33)

DuPont

DuPont

s Sustainability Goals

s Sustainability Goals

In DuPont’s 2008 Sustainability Progress

Report, Chairman and CEO Chad Holliday

stated:

 “We are taking a holistic approach to

sustainability that fully integrated into our business models.”

 “We continue to strive for zero safety and

environmental incidents. And we are

maintaining our focus on decreasing raw material and energy inputs and reducing emissions at our sites.”

(34)

Canon ~

Canon ~

Kyosei

Kyosei

“Canon’s corporate philosophy is kyosei. Kyosei aspires to a

society in which all people, regardless of race, religion, or

culture, harmoniously live and work together for the common good into the future. Kyosei, in other words, is an attempt to bring about a society characterized by sustainable prosperity. Canon aims to become a truly excellent global corporation worthy of admiration and respect around the world. We consider the fulfillment of our social responsibilities to be a

natural obligation as we respond to various challenges and work to fulfill the expectations of our stakeholders, beginning with our customers, our shareholders and investors, our employees, and the local communities in which we operate.”

(35)

The Conference Board

The Conference Board

Set up a Research group on Corporate Governance and Sustainability – Doing Well by Doing Right.

“It used to be that a company’s financial issues differed

from its social issues. But in today’s business climate, an organization’s financial matters are its social matters.”

 Companies are being forced to address climate change,

environmental protection and human rights by large investors, public pension funds and many other

shareholders.

 “By integrating sustainability and citizenship initiatives

into your overall strategy, you not only benefit society, but also your bottom line.”

(36)

The Conference Board

The Conference Board

On Jan 29-30, 2009, at its “2009 Leadership

Conference on Global Corporate Citizenship”,

some participants included:

 Global VP for Corporate Responsibility for Molson Coors  Bayer’s Chief Administrative for Corporate Social

Responsibility

 Kimberly-Clark’s VP for Global EH&S

(37)

Price Waterhouse Coopers

Price Waterhouse Coopers

Sustainability Survey Report

Sustainability Survey Report

In 2002, PWC concluded that” Sustainability

speaks directly to those societal and financial

values in terms of the need to protect the

future.”

Using Brundtland’s report, PWC stated

further that we must “Think of it more

simply as doing your part to build a world –

economically, environmentally and socially –

that you want to live in, and that you want

(38)

Environmental Defense Fund

Environmental Defense Fund

s

s

Innovation Exchange

Innovation Exchange

www.edf.org

 RESOURCE: The Innovation Exchange provides a

no-cost, comprehensive set of recommendations, case

studies, publications and tolls for companies to improve their environmental performance.

 Lisa Manley, The Coca-Cola Company’s Director of

Environmental Communications said: “Access to proven environmental strategies is more vital to business

success than ever before. Collaborative innovation

between companies will play a major role in helping us meet our sustainability goals.”

(39)

The Erb Institute for Global

Sustainable Enterprise –

University of Michigan

 The multinational corporation is the most powerful

societal agent of change on the planet, and can do much to address our pressing environmental issues and to lift people out of poverty. But corporations also cause many of the changes that threaten the sustainability of our planet. The job of the Erb Institute is to help bring the power of business to bear on our most pressing sustainability challenges.

 Research at the Erb Institute seeks to reveal how

business strategy, operating within a context of policies and social norms, can produce desirable

(40)

Emory University

Emory University

Office of Sustainability Initiatives

Office of Sustainability Initiatives

 Sustainability is defined as meeting the needs of the

present generation without compromising the needs of future generations. As part of a commitment to positive transformation in the world, Emory has identified sustainability as one of the University’s top priorities.

Areas of focus:

 Building green

 Integrating sustainability into the curriculum  Promoting commute options

 Protecting green space  Conserving water

 Recycling waste

(41)

Atlanta Regional Commission

Atlanta Regional Commission

(ARC)

(ARC)

Green Communities Program

Green Communities Program

In Jan 2009, ARC launched its Green

Communities Certification Program that will

enable communities that voluntary complete

an application covering 60 specific measures

in 10 categories will become certified.

ARC Chair Sam Olens said: “Communities

around the region are already implementing

ways to use fewer resources and be more

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