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An ESG backlash erupts in Europe on world’s strictest rules

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For TotalEnergies SE Chief Executive Officer Patrick Pouyanne, the difference in the performance of his company’s stock and that of Exxon Mobil Corp., the largest U.S. producer of oil and gas, is in no small part explained by an acronym: ESG.

Exxon’s aggressive oil and gas strategy has been rewarded by investors, with its shares more than doubling in the past three years. For Europe’s second-biggest oil company, in contrast, pressure on the region’s asset managers to invest using environmental, social and governance standards has capped gains and prompted Pouyanne to flirt with the idea of listing shares in the U.S.

The French oil giant isn’t alone in pointing to the skewing effect of ESG regulations that critics say have put European businesses at a competitive and valuation disadvantage to their U.S. peers, with potentially long-lasting effects for the bloc’s economy. Companies from Mercedes-Benz Group AG to Unilever Plc are pushing back. The European Round Table for Industry, whose members have combined annual sales of €2 trillion ($2.2 trillion), says overly stringent regulations are “accelerating loss of competitiveness” and warn that members’ prospects “are better outside Europe.”

Storage tanks at the Northern Lights carbon capture and storage project, controlled by Equinor ASA, Shell Plc and TotalEnergies SE, in Blomoyna, Norway.
Storage tanks at the Northern Lights carbon capture and storage project, controlled by Equinor ASA, Shell Plc and TotalEnergies SE, in Blomoyna, Norway.

Andrea Gjestvang/Bloomberg

Over the past five years — a period during which Europe started formulating the world’s most ambitious ESG regulatory framework — the U.S.’s S&P 500 Index has soared more than twice as much as Europe’s benchmark Stoxx 600 Index. Although several factors — including the dominance of Big Tech — have contributed to the richer U.S. valuation, ESG requirements in Europe haven’t helped. 

European energy firms broadly trade at a 40% discount to their U.S. peers. If TotalEnergies were valued in line with the average big U.S. crude producer, its market capitalization would be boosted by $108 billion, based on earnings multiples calculated by Bloomberg.

TotalEnergies reaffirmed the views expressed by its CEO on Europe’s ESG policies, declining to say more. Exxon, for its part, said its strategy is to provide products the world needs, while it also invests $20 billion through 2027 in areas like carbon capture and low-emission fuels. 

Faced with diverging ESG rules between the U.S. and Europe, some companies have weighed their options. Commodities trader Glencore Plc, which recently said it’s abandoning plans to exit coal, has been touted as a potential candidate to ditch its London listing for New York. German utility RWE AG is among businesses directing more investments across the Atlantic than its home market, while Norwegian battery company FREYR Battery Inc. has moved its headquarters to the US.

“The biggest risk of the European approach is that it has put energy-intensive industry at a significant competitive disadvantage,” said Dimitri Papalexopoulos, chairman of Greece’s Titan Cement International SA and also of the European Round Table’s Committee on Energy Transition & Climate Change. “If Europe’s share of these global sectors is lost, others from elsewhere will simply pick it up and prosperity will go there.”

The number of EU companies in the Fortune Global 500 has shrunk. Europe’s share of worldwide aluminum production fell to 5% in 2022 from 30% in 2000. The bloc has gone from being a chemicals exporter to a net importer. 

“While EIIs (Energy Intensive Industries) in other regions face neither the same decarbonisation targets nor require similar investments, they benefit from more generous state support,” former European Central Bank President Mario Draghi said in his long-awaited report on EU competitiveness released Monday.

European officials acknowledge problems with the fast pace and complexity of the regulations rolled out since 2019, adding, however, that the measures are needed to avoid a dual climate and biodiversity crisis. “There are short-term pains, obviously, because it requires some effort, but the benefits are starting to emerge,” said Helena Vines Fiestas, chair of the EU’s Platform on Sustainable Finance and co-chair of the UN’s Taskforce on Net Zero. “We’re working really hard on simplifying and making things on the ground work.”

The U.S. has reams of environmental-protection rules, but its overall framework is dwarfed by the breadth and depth of the EU’s, particularly around disclosure. Also, the anti-ESG movement has thrived in the U.S., and if former President Donald Trump returns to the White House, his “drill, baby, drill” mantra looks set to lower the regulatory burden for producers. Even his rival Kamala Harris has backed off from her earlier call for a ban on fracking — the technique used to produce most U.S. oil and gas today. 

As the EU expands regulations — over the European Parliament’s last five-year term about 8,000 acts were adopted, many environment-related — the U.S. is offering incentives. President Joe Biden’s signature climate law — the Inflation Reduction Act of 2022 — is a package of tax credits and rebates intended to propel investment in everything from electric vehicles to solar panels. Goldman Sachs Group Inc. estimated it could unleash as much as $3.3 trillion in spending, pitting what some call a US carrot against Europe’s stick.

Europe’s approach is more about “telling companies what to do,” said Tal Lomnitzer, a senior investment manager on the global  sustainable equity team at Janus Henderson Investors. 

The EU’s Green Deal legally obliges the bloc to hit net zero emissions by 2050, with at least a 55% cut by 2030. The EU also has pledged to pour money into the green transition, including a plan to raise €1 trillion from public and private sources. In response to the IRA, Europe launched the Green Deal Industrial Plan in 2023, setting aside roughly $270 billion from existing EU funds. The bloc is also distributing billions to member states from its pioneering carbon market for addressing climate.

But the appeal of the U.S. program is sucking up investment, with more than 60 European and Asian companies announcing projects in the year after the IRA was passed, an analysis by Bank of America Global Research showed.

“A lot of corporates have found this scheme very attractive, very efficient, very quick to implement versus Europe, where things are a bit slower sometimes,” said Panos Seretis, head of global sustainability research at Bank of America.

Norway’s FREYR is limiting spending on a project in its Scandinavian market to instead focus investment in the US. German utility RWE earmarked €20 billion last year for the US, almost twice the spending plans for its home base. 

“The IRA creates a positive and stable investment environment with a simple regulatory framework,” RWE CEO Markus Krebber said.

For Estelle Brachlianoff, the CEO of French water-treatment company Veolia Environnement SA, “the US wins.” Dutch Bank ING Groep NV’s CEO, Steven van Rijswijk, said the U.S. is doing better on luring investments. European regulations are “out of touch, they put a break on investments,” said Repsol CEO Josu Jon Imaz San Miguel, an oil and gas producer shifting toward cleaner energy. He wants Europe to “learn a lot from what’s being done in the U.S.” 

Unlike the U.S., where the federal government can offer tax breaks, EU taxation rests with member states, leaving the bloc to work largely through loans and grants. 

Climate directives — with acronyms like CSRD, SFDR or CSDDD — have cemented Brussels’ reputation as the ultimate Hydra of bureaucracies. Its disclosure requirements have spawned a cottage industry of consultants, with ESG-reporting software revenue set to more than double to $2.1 billion between now and 2029.

The Corporate Sustainability Reporting Directive will compel companies to provide more than 1,000 data points on everything from water consumption to boardroom diversity in supply chains, with more requirements to come. The Sustainable Finance Disclosure Regulation, with reporting requirements for investors, faces an overhaul after criticism for not adequately defining concepts like “sustainability.” 

The Corporate Sustainability Due Diligence Directive mandates detailed corporate transition plans and opens businesses to lawsuits if there are ESG violations in their value chains. For companies with hundreds of global suppliers, that can get “very complex,” said Sophie Tuson, head of the environmental unit at the London law firm RPC.

Compliance costs are soaring. Olga Smirnova, internal audit director at Heineken NV, says money spent by the Dutch brewer on ESG reporting has grown at an “exponential” rate. Desiree Fixler, previously a sustainability head at Deutsche Bank AG’s investment arm DWS before becoming a high-profile whistleblower, now denounces European ESG regulations on social media.

“Most companies are absolutely suffocating in the amount of data capture they have to do,” Fixler said.

While the EU has encouraged electric vehicles, investors in Porsche AG recently called on the luxury carmaker to slow its EV push, worried about returns. Mercedes-Benz and Volvo Car also are walking back some EV ambitions. EV sales in markets like Germany and Italy are in decline, BloombergNEF data shows. 

Despite the protestations, though, there are some who warn of a climate reckoning further down the road.

For now, “oil and gas may outperform, but if that sector doesn’t shrink, then the effects in terms of extreme weather and so on will cause absolute performance across large portfolios to actually be lower than it could otherwise have been,” said Eric Pedersen, head of responsible investments at Nordea Asset Management. 

Onerous as disclosure rules are, Johan Floren, senior ESG adviser at $100 billion Swedish pension fund AP7, says he needs them to do his job. “Without information, the market doesn’t work,” he said.

Some of Europe’s biggest financial firms are purging their books of ESG risks. BNP Paribas SA, the EU’s largest lender by assets, is restricting fossil-fuel finance. The $550 billion Stichting PensioensFonds ABP, Europe’s biggest pension fund, said in May it exited liquid assets in oil, gas and coal, a portfolio worth about €10 billion. It intends to offload a further €4.8 billion in illiquid fossil-fuel assets.

The fund will only invest in companies that “are on a pathway in the transition to a sustainable economy and companies that don’t harm climate or biodiversity,” Harmen van Wijnen, chairman of ABP’s board of trustees, told Bloomberg.

The EU may just be ahead of the game on ESG regulations. Efforts are underway to make sustainability-reporting global, with countries representing almost 55% of the world’s economy working on adopting disclosure requirements set by the International Sustainability Standards Board.

Some say there is no other way. After two decades of coaxing markets to address climate change, it’s clear voluntary measures have failed, said Simon Braaksma, senior director for sustainability at Royal Philips NV.

“The people who are crying, maybe they should roll up their sleeves and contribute more to addressing those societal issues,” he said.

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AI great at simple tasks but struggles with complexity

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Artificial intelligence has indeed led tech-forward firms (including those in this year’s Best Firms for Technology) to be more efficient and productive in both client-facing and administrative tasks, but at the same time professionals have found the technology still struggles with precision and accuracy, which limits its usefulness for complex work. 

On the positive end, firms such as the Texas-based Franklin Alliance reported that adopting AI technology has dramatically increased their capacities as bots take on repetitive manual tasks with an ease and a speed far past more conventional automation setups, allowing accountants to focus more on higher value tasks. 

“What’s been most impressive about the AI tools we’ve explored is their ability to dramatically reduce the time spent on repetitive, manual tasks—things like document summarization, data extraction, and even early-stage tax prep. In the right context, these tools create real efficiency gains and allow our team to shift focus to higher-value advisory work,” said Benjamin Holloway, co-founder of Texas-based Franklin Alliance. 

Robot AI scale balance

madedee – stock.adobe.com

For some, like Illinois-based Mowery & Schoenfeld, these efficiencies have been most impressive on the internal administration side, with AI effectively taking care of the non-accounting work that nonetheless keeps many firms afloat, especially where it concerns meetings. 

“Truly most impressive and a huge time savings for us has been AI’s ability to record and summarize Team meetings. Circulating notes and reducing administrative burden on such activities has freed up much capacity, both for our admin side and for partners or management who are not able to be at every meeting,” said Chris Madden, director of information technology.

Others, like top 10 firm Grant Thornton, emphasized AI’s benefits in client-facing activities and noted that it has been especially meaningful in its risk advisory services at least partially due to the firm’s recently-launched CompliAI tool, designed specifically for this area. 

“The tool uses generative artificial intelligence and was developed using Microsoft technology, including Microsoft Azure OpenAI Service. CompliAI’s ability to quickly analyze vast datasets and identify potential risks has proven invaluable in combining Grant Thornton’s extensive global controls library with generative AI models and features, including AI analysis, ranking and natural language processing capabilities. As a result, our employees can run control design and assessment tasks in minutes, versus days or weeks. This means clients enjoy faster operational insights, which could amount to a new level of efficiency and a path toward transformative growth,” said Mike Kempke, GT’s chief information officer. 

Another positive frequently mentioned, such as by top 25 firm Cherry Bekaert, has been the accessibility and ease of use for many AI solutions even for those without strong technical capacities. Assurance partner Jonathan Kraftchick said this means they did not need to wait long before they began seeing results. 

“The most impressive aspect of AI has been its ability to add value with minimal ramp-up time. Many of the tools we’ve implemented have a low barrier to entry, allowing users to start experimenting and seeing results almost immediately. Whether it’s drafting content, conducting accounting research, summarizing meetings, normalizing data, or detecting anomalies, AI has consistently helped accelerate tasks and enable our teams to focus on higher-risk or higher-value areas,” he said. 

Several firms, such as California-based Navolio & Tallman, also mentioned improvements to broad strategy and ideation, saying it’s been good for enhancing creativity and accelerating the early stages of their work. 

“We’ve still seen value in AI as a jumping off point for ideas and strategy. It’s been helpful for brainstorming, drafting early versions of client communications, and supporting high-level planning conversations,” said IT partner Stephanie Ringrose. 

Inconsistencies, inaccuracies, insufficiency, and insecurity

At the same time, firms over and over again said that while the strength of AI comes in handling simple jobs, it often lacks the precision and consistent accuracy needed for higher value accounting work. While it can certainly generate outputs at an industrial scale, trusting that those outputs are correct is another story for firms like Community CPA and Associates. 

“AI is incredibly useful for certain types of tasks, such as summarization, data extraction, answering simple questions, drafting communications or documentation, brainstorming ideas, or serving as a sounding board. However, we have observed that most AI tools we’ve tried have difficulty with complex tasks that require lots of context, precision, or domain-specific knowledge. Oftentimes in these cases, AI tools will generate responses that are overly confident or wrong and are missing key information due to not being integrated with other systems or software we have,” said CEO Ying Sa. 

Some, like top 25 firm Armanino, noted that these challenges mean that humans need to devote considerable time to ensuring the quality of AI outputs and intervening when the programs go off track. 

“The primary disappointment stems from the occasional inaccuracies or biases inherent in AI-generated outputs, commonly referred to as ‘hallucinations,’ necessitating continuous human oversight to ensure reliability. Addressing these inconsistencies remains an ongoing challenge,” said Jim Nagata, senior director of  cybersecurity and IT operations. 

Top 25 firm Eisner Amper’s chief technology officer Sanjay Desai noted that these issues with accuracy and consistency can be found across AI solutions, though noted that the technology is still quite new and so many things are still in the process of being refined. 

“The lows come from the gap between what’s possible and what works reliably in practice. We still need strong guardrails to define valid inputs and outputs, especially in sensitive use cases. Technologies like retrieval augmented generation (RAG) haven’t yet delivered the accuracy or consistency we need when working with proprietary or domain-specific data. Even in mature areas like audio-to-text transcription, we see issues—particularly with accurately identifying speakers in multi-person meetings, which affects the quality of recaps and follow-up actions. In short, while LLMs have come a long way, making them enterprise-ready still requires ongoing human oversight, thoughtful implementation, and continuous refinement,” said Desai. 

Another issue reported by several firms was what firms like Navolio & Tallman saw as ongoing security risks from AI solutions that limits their ability to apply the technology to more sensitive use cases.  

“The overall attention to security and privacy is still more limited than our industry requires, vendors have not yet aligned their pricing models with the impact their tools make to the business, and vendors still oversell their AI capabilities,” she said. 

Top 25 firm Citrin Cooperman also noted–among other things–that the security of these solutions could stand to improve. 

“The overall attention to security and privacy is still more limited than our industry requires, vendors have not yet aligned their pricing models with the impact their tools make to the business, and vendors still oversell their AI capabilities,” said chief information officer Kimberly Paul. 

Another issue with AI that firms have reported is that solutions today don’t seem to integrate especially well with other programs, which limits the ability of these solutions to work across multiple systems in a single coherent workflow–under such conditions, AI solutions can wind up being siloed from the very areas it is needed the most. 

“We believe one of the biggest gaps in current AI solutions is the inability to integrate into other AI solutions to work collectively across one process or workflow. There are many cases where one AI solution is very good at a specific task, while another is very good at another process or task, but the gap is the ability to integrate those solutions together to solve for an entirety of a process or a workflow,” said Brent McDaniel, chief digital officer for top 25 firm Aprio. 

There is also the matter of data integration, which is needed for AI systems to gain a more holistic understanding of a firm’s needs. Without such integrations, AI becomes more limited in its ability to develop insights and provide actionable guidance, according to Tom Hasard, IT shareholder for New Jersey-based Wilken Gutenplan.  

“We wish AI tools could fully synthesize all of our internal data and unique expertise—beyond the scope of general internet search—and provide detailed, context-specific answers for our team. In the near term, we envision an internal system that taps into our accumulated knowledge to assist staff in resolving complex client problems more quickly. Over time, this capability could be extended to give clients direct, on-demand access to our specialized insights, effectively scaling our expertise and delivering value in a more immediate and personalized way,” he said. 

Beyond just data, lack of integration also limits the ability for AI to address complex problems due to lack of cross-disciplinary expertise, according to Kempke from Grant Thornton. 

“Current AI solutions lack the deep cross-disciplinary expertise to be able to solve complex issues. AI today is optimized for specific fields and tasks but when it comes to solving problems that span multiple disciplines such as Tax, Legal and Finance, the current solutions are not yet capable of providing meaningful advice and guidance. Grant Thornton is already working with various AI partners on this issue and targets to be a very early adopter of the next iteration of AI that addresses this,” he said. 

The AI wishlist

Many firms hoped that the next generation of AI solutions would address these sorts of problems in a way that will allow them to become true assistants capable of taking on complex tasks that require extensive judgment. 

“We have found that AI currently lacks in the ability to replicate human creativity and complex decision-making. While AI excels at data analysis and task automation, it struggles with tasks requiring creativity and nuanced judgment. If AI could offer more sophisticated support in areas such as accounting and audit services, its value and impact in our daily lives would be significantly enhanced,” said Jim Meade, CEO of top 50 firm LBMC. 

Desai, from Eisner Amper, also pointed out that AI isn’t very good at handling bad data, which is a problem considering that AIs run on data. This means that using AI effectively today still requires a great deal of data processing and sanitation to make information useful. If humans did not need to do so much manual cleanup to get data AI-ready, it would help make the technology even more efficient.  

“One of the biggest gaps in AI today is its limited ability to handle bad data. Since data is the foundation of any AI strategy, it’s a challenge that most organizations still face— dealing with messy, inconsistent, or unstructured data. We wish AI could do more to identify, fix, and improve data quality automatically, instead of relying so much on manual cleanup,” said Desai. 

Finally, Avani Desai, CEO of top 50 firm Schellman, said that AI needs to not only be safer, it needs to be visibly so, as trust and confidence in the technology is often key to adoption. 

“I wish that AI could de-risk itself so that clients would be more open to using it and build client trust. If AI could more clearly demonstrate safety and responsible use, adoption would be much easier. Once people understand it’s here to help—and learn to use it responsibly—the fear will fade,” she said. 

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Staten Island’s Malliotakis open to $30K SALT cap

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Representative Nicole Malliotakis said increasing the state and local tax deduction cap to $30,000 from $10,000 would reduce the tax burden of the vast majority of people in her district, indicating support for a proposal that is dividing Republicans.

“Every member needs to advocate for the particular needs of their district. Tripling the deduction to $30,000 will provide much-needed relief for the middle-class and cover 98% of the families in my district,” Malliotakis, a Republican representing Staten Island, New York and a member of the House tax committee, said in a statement to Bloomberg News on Friday.

Malliotakis’ nod of approval for a $30,000 SALT deduction cap comes as Republicans are fighting among themselves about how high to increase a tax break that has the potential to scuttle President Donald Trump’s entire tax package.

House Speaker Mike Johnson on Thursday said the $30,000 write-off limit is one of several options being discussed. That figure was rejected by several other New York Republicans, including Elise Stefanik, Nick LaLota, Mike Lawler and Andrew Garbarino. California’s Young Kim also rebuffed the idea.

Malliotakis’ district has less expensive property values and lower incomes than some of the other lawmakers pushing for a SALT expansion, making it politically viable for her to accept a lower cap than some of her colleagues.

White House Press Secretary Karoline Leavitt suggested on Friday that Trump would not weigh in on an appropriate level for a SALT cap, leaving it to lawmakers to resolve.

“There’s a lot of disagreement on Capitol Hill right now about the SALT tax proposal, and we will let them work it out,” she told reporters.

House Republicans’ narrow majority means that Johnson needs to win the support of nearly all his members to pass Trump’s tax-and-spending package. 

Several of the SALT advocates have said that they are willing to block the bill unless there is a sufficient increase to the deduction. However, most members have not publicly stated how high the deduction must be to win their support.

The debate over SALT has proved to be a particularly thorny fight because it is a political priority for a small but vocal group of Republicans representing swing districts critical to the party maintaining a majority in the 2026 midterm elections. 

Expanding the write-off is an expensive proposition, and Republicans have little fiscal wiggle room as they are sparring over ways — including cuts to Medicaid and levy hikes on millionaires — to offset the cost of the tax-cut package.

The House Ways and Means Committee is slated to consider the tax portion of the bill on Tuesday, including SALT changes.

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GOP eyes endowment tax hike in escalation of Ivy League feud

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House Republicans are considering increasing taxes on university endowments, a significant threat to some of the nation’s wealthiest schools as President Donald Trump seeks to tighten control over American higher education.

The measure is in a draft of the tax package Republicans are weighing, according to people familiar with the matter who spoke on condition of anonymity to share details on the effort. The proposal would create a tiered system of taxation so that wealthy colleges and universities pay more as the size of their endowment grows, the people said. 

Republicans are considering boosting the 1.4% endowment tax currently on the books to rates as high as 14% to 21%, a person familiar with the matter said.

The bill is not finalized, however, the people cautioned, and the draft could change as Republicans negotiate its terms, a complex task as the party looks to renew and expand tax breaks and find ways to pay for them with only a narrow House majority.

Targeting university endowments would be a major escalation of Trump’s fight with elite colleges and universities, which has seen the administration demand changes to school policies that reflect his priorities. 

The current tax on private-school endowments ensnares many of the richest universities, like Harvard University and Yale University, as well as smaller elite institutions such as Amherst College and Williams College. Some of the wealthiest private colleges in the country boast endowments of at least $500,000 per student. 

Harvard, in particular, with a $53.2 billion endowment, has been locked in a high-stakes fight with the Trump administration over its demands for changes at the school. Harvard has sued several U.S. agencies and top officials for freezing billions of dollars in federal funding. Trump has also threatened the school’s tax-exempt status, though experts say revoking that designation would be a lengthy process involving the Internal Revenue Service and the courts.

A new poll by AP-NORC out Friday shows a majority of Americans disagree with Trump’s demands that higher-education institutions make curriculum and cultural changes or face the loss of federal funding for scientific and medical research or have their tax-exempt status threatened.

The poll found that 62% of Americans support maintaining federal research funding, 72% believe “liberals, students and professors can speak freely to at least some extent,” and 84% are concerned at some level about the cost of tuition, an issue Trump has not focused on.

Trump’s 2017 tax package, which Republicans are moving to renew, implemented an endowment levy of 1.4% on net investment income, similar to one that private foundations pay. That levy generated more than $380 million from 56 colleges or universities in 2023 — though it affected just a small fraction of the 1,700 private, nonprofit US schools. 

House Budget Committee Chairman Jodey Arrington floated a long list of possible budget cuts in January that included raising $10 billion over 10 years by raising the endowment tax to 14%.

Discussions over the Republican tax package are reaching a critical stage. Trump is meeting Friday with the chair of the House Ways and Means Committee — the chamber’s tax-writing panel, according to people familiar. 

Trump and Representative Jason Smith will discuss the draft proposal. The committee is expected to release parts of the bill later this afternoon and the rest of the draft on Sunday night or Monday, the people said.

One of the people familiar cast the effort as a bid by Republicans to ensure that universities spend their endowments on their students and not on other initiatives disfavored by conservatives, such as diversity, equity and inclusion efforts or on challenging the Trump administration’s policies.

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