Between lax engagement and complete divestment, is there a third way?

One of the world’s biggest pension funds and the main Netherlands’ pension funds, Pensioenfonds Zorg en Welzijn (PFZW) (1), has announced that it is divesting €2.8 billion (2) from 310 companies in the oil and gas sector. The reason: PFZW no longer believes in the ability of companies like TotalEnergies, Shell and BP “to adapt their business models to the Paris Agreement”. While some have applauded this announcement, others see it as an act of resignation, as by selling its portfolio holdings, PFZW loses any chance of influencing them. Between strict divestment and complacent commitment, Reclaim Finance is proposing a third way: halting the purchase of new bonds while using power as a shareholder to block companies’ climate-wreaking strategies. 

PFZW’s announcement – which affects its asset management subsidiary PGGM (3) – follows the 2021 decision by ABP, the Dutch civil servants’ pension fund (Europe’s largest pension fund), to divest €15 billion from the fossil fuel sector (4) (i.e. 3% of its €460 billion in assets (5)), and the more recent decision by the Church Commissioners for England (€12 billion in assets) to divest from companies that do not have a strategy that is aligned with the objective of limiting global warming to 1.5°C, including de facto developers of new oil and gas projects (6).

Each of these decisions is motivated by the failure of shareholder dialogue conducted over several years with companies in the oil and gas sector such as BP, Shell and TotalEnergies. They (finally) realised that it was pointless to expect these companies to change their business model. And the facts show that they are right.

The oil and gas industry has no transition plan

Claiming to have a transition plan does not mean they are in transition.

By analysing the 26 public methodological frameworks relating to the design and assessment of transition plans, Reclaim Finance has identified the indicators that are essential for guaranteeing they are credible, as well as the key signs warning of their shortcomings (7). For example, in the energy sector, one of the warning signs is the continued expansion of fossil fuels. According to the NGO Urgewald, 96% of oil and gas producing companies are continuing to open up new fields (8). This includes the oil and gas majors, who are accelerating the  development of LNG.

And breaching the red line drawn by science is just one example. At a time when efforts to reduce greenhouse gas emissions must be stepped up as a matter of urgency, BP, followed by Shell and TotalEnergies, have all backtracked on their climate ambitions (9). The French supermajor even had the audacity to raise its oil and gas production targets (10), just 4 months after an unprecedented 30% of its shareholders had voted in favor of a resolution calling on it to do more for the climate (11).

Is divestment the only solution if dialogue fails?

While the quality and scale of efforts to engage may still be questionable (12), it seems more unjustifiable than ever to provide companies in the oil and gas sector that persist in their climate-wrecking strategies with new money, particularly through the purchase of new bonds. Indeed several French investors have already decided as much (13). But does this mean that investors should throw in the towel?

Cleaning up their portfolios seems reasonable, given the risk of being deemed complicit in the irresponsible behavior of these companies. But while divestment would have an impact on a company’s value (14), it would take many years or a critical mass of divestments before this would inflict sufficient financial pressure on companies in the oil and gas sector to force them to abandon their climate-wreaking strategies. This timeframe is incompatible with the rapid transformation required to meet the objective of limiting global warming to 1.5°C.

We need to do everything we can now to halt fossil fuel expansion and speed up the energy transition. However, strict divestment deprives investors of the levers of influence offered by their shareholder power.

Using shareholder power to obstruct fossil fuel expansion

Obstructing fossil fuel expansion is not only an act of solidarity with the millions of people affected by climate change, it is also a way of defending the interests of investors, in particular pension funds and insurers, whose investments depend on the long-term health of the economy.

Take insurers, for example. Their business model has already been severely destabilized by climate change (15), to the point where, in the long term, it could be no longer viable (16). They have no real choice, if they want to limit these risks as much as possible, but to block the primary cause..

For pension funds, the devastating impact of climate change could destabilize the economy to the point of eroding the value of investments over the long term and jeopardizing the retirement of millions of people (17).

It is therefore the responsibility of institutional investors who serve the interests of their clients to use their shareholder power to seek to obstruct fossil fuel expansion by companies in the oil and gas sector.

In practical terms, this could involve voting to sanction the climate-wreaking strategy adopted by company directors. This means going beyond votes on resolutions that only concern the climate, whether they are submitted by the management (Say on Climate) or by shareholders. Climate issues must be integrated into  routine votes that have the greatest influence on corporate governance and strategy.

What should be done with dividends?

Without necessarily calling into question the legitimacy of any shareholder remuneration via dividends and share buybacks from companies without a transition plan, it is clear that we need to question the proportion of profits allocated to shareholders and fossil fuels compared with the amount allocated to solving the energy transition.

Since the recovery post-pandemic, far more of the record profits made by oil and gas companies have been allocated to shareholder remuneration (18) and to fossil fuels and their expansion (19) than to reducing greenhouse gas emissions by developing sustainable energy, decarbonizing or investing in the closure of existing infrastructure (20).

Every euro received by a shareholder is de facto a euro that does not go towards the energy transition. An investor who claims to want to work towards reducing greenhouse gas emissions while receiving such remuneration is demonstrating inconsistency – if not hypocrisy…

Reclaim Finance is calling on climate-responsible investors to sanction oil and gas companies that have not committed to halting the development of new fossil fuel projects and to allocating the majority of their profits to the energy transition. This would mean voting against the re-election of directors, voting against increases to manager remuneration and against the distribution of dividends at the companies’ 2024 annual general meetings, as well as halting new investments, in particular buying new bonds. In addition, any remuneration received as a shareholder should be paid back into solidarity projects and the fight against climate change.

Notes:

  1. $217 billion in assets under management. PFZW, Annual Report 2022
  2. PFZW, Only seven listed oil and gas companies retained in PFZW investment portfolio, February 2023.
  3. As a result, PGGM has ended its dialogue with Shell as co-leader of a Climate Action 100+ investor coalition. PGGM was particularly active in engaging with companies in the oil and gas sector, notably by filing shareholder resolutions at the Annual General Meetings of TotalEnergies, Shell and BP.
  4. ABP, ABP stops investing in fossil fuel producers, October 2021.
  5. ABP, Annual report 2022.
  6. Church of England, Church Commissioners for England to exclude oil and gas companies over failure to align with climate goals, June 2023.
  7. Reclaim Finance, Transition plans: robust standards needed to avoid greenwashing,February 2024.
  8. Urgewald, The 2023 Global Oil & Gas Exit List: Building a Bridge to Climate Chaos, November 2023.
  9. Le Monde, Oil giants are quietly stepping back on climate promises, January 2024.
  10. AFP, TotalEnergies to raise fossil fuel production, September 2023.
  11. Reclaim Finance, Shareholders complicit in TotalEnergies’ devastating climate strategy, May 2023.
  12. Between a cautious shareholder dialogue (as practised by most investors) and the final stage of strict divestment, investors can use multiple levers of influence throughout their escalation strategy to increase the pressure on the most recalcitrant companies to respond favorably to their expectations. In particular, they can take a public stance, vote against certain resolutions (Say on Climate, appointment of board members, executive remuneration), table and support shareholder resolutions on climate, stop the purchase of new bonds, sell part of their shares, etc. (More information: Reclaim Finance, Climate votes: the great deception, December 2023).
  13. MACSF, Ircantec, CNP Assurances, Tikehau Capital, Ofi Invest, MAIF, Suravenir and Sogécap are among the institutional investors who have made a minimum commitment not to buy any new bonds (Reclaim Finance, Oil and gas policy tracker).
  14. Alexander Bassen, Thomas Kaspereit, Daniel Buchholz, The Capital Market Impact of Blackrock’s Thermal Coal Divestment Announcement, Finance Research Letters, Volume 41, 2021 / IEEFA, Two economies collide: Competition, conflict, and the financial case for fossil fuel divestment, October 2022 / University of Oxford, Stranded assets and the fossil fuel divestment campaign: what does divestment mean for the valuation of fossil fuel assets? October 2013.
  15. For several years now, the cost of natural disasters to insurers has stabilized at around $100 billion a year ($95 billion in 2023, $125 billion in 2022). In France, a country where insurance cover for natural disasters is particularly important – notably because of the obligation to include such cover in home and motor insurance policies – losses reached a record level of 10.6 billion euros in 2022. In 2023, the annual results of several major French bank-insurers were heavily penalized by the cost of natural disasters.
  16. Insurers see climate change as one of the main threats to their sector. France Assureur ranks climate risks as the second main threat to the profession over the next 5 years. The World Economic Forum estimates that natural disasters are the third most serious threat to the global economy 10 years from now (the second most serious threat 2 years from now), behind the failure to mitigate global warming (1st threat) and the failure to adapt to climate disruption (2nd threat), and just ahead of the collapse of biodiversity and natural ecosystems (4th threat).
  17. Carbon Tracker, The Climate Risk Delusion: Under-pricing climate risk contributes to climate change itself, and puts global pension wealth in peril, July 2023 / Client Earth, Pensions and climate change: what’s the link?, June 2020 / European Insurance and Occupational Pensions Authority (EIOPA), Climate stress test for the occupational pensions sector 2022, December 2022.
  18. In 2023, the five Western majors (BP, Chevron, Exxon Mobil, Shell and TotalEnergies) distributed more than 111.1 billion US dollars to their shareholders in dividends and share buybacks, a record that just exceeds the 109.7 billion US dollars in 2022 (Source: Reuters).
  19. The International Energy Agency has estimated that by 2022, oil and gas companies (public and private) had allocated just 2.7% of their CAPEX to the energy transition, contributing just 1.2% of total investment in “clean” energy worldwide.
  20. Companies should start making provisions now for the gradual closure of existing facilities using the profits generated in the boom years, in particular to finance the retraining of employees and environmental remediation.

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2024-02-13T17:46:38+01:00