Perhaps the cleanest—and potentially the most consequential—place to start is the Business Judgment Rule. This legal presumption allows every corporate defendant to arrive in the courtroom asserting that its decisions—including those that prove disastrous for shareholders—were made in the service of maximizing shareholder value. Plaintiffs—whether employees, shareholders, or business partners—complaining about corporate actions that failed to deliver bear the burden of proving bad faith, rather than mere errors in judgment.

The Business Judgment Rule makes sense when applied to shareholder corporations—but not to stakeholder corporations. Any corporation with an ESG statement has explicitly proclaimed that it will subvert some shareholder interests in favor of pressing environmental or social concerns.

The campaign to restore shareholder capitalism would snowball from there. Stakeholder corporations shorn of such legal benefits would sue the lawyers and consultants who guided them away from the legally beneficial shareholder model towards ESG—assuming only that even the most woke American corporations still value their own corporate interests. The legal and consulting classes will get the message.

ESG will persist as long as corporate leaders view it as cheap virtue signaling, would-be overlords see it as a path to power, and lawyers and consultants can milk it for revenues. The best way to defeat ESG is to rely on the same self-interest driving its current embrace: if the costs of ESG become exorbitant and obvious, the entire edifice will fall.