Paul Mertenskötter 

Special counsel 
Covington 
New York/Brussels 

An important person in my career 

Rather than focusing on one person, I’d highlight the many clients who approach us with their real-world questions and concerns, which help us learn about the actual impacts of new sustainability rules.

Our expertise lies in interpreting and analysing new and existing rules – and applying them to facts – but we could not continuously build this expertise without our clients. In many cases, it was only once a client raised an issue that we understood new aspects of the law, were able to propose pragmatic solutions and in some cases also help regulators appreciate the many ripple effects of the still developing sustainability rulebook. For example, it was only through fact patterns from our clients that I understood in a concrete way the deep complexity of companies’ global value chains. I look forward to continuing to learn from clients, and the many other stakeholders in this space about the ways in which sustainability rules can make a true difference.  

Advice I’d give to my 25-year-old self 

Spend less time in libraries and office buildings and more time exploring new places and meeting different people. Time at your desk will come soon enough.  

If I wasn’t a lawyer, I’d probably be… 

I’d like to think that I could be a scientist, preferably a chemist. I find it fascinating to think about the ways our world is made up of basic structures that mix indefinitely, and that come together to constitute life. More realistically, I think I’d make a decent owner of a local grocery store that likes to stop for small talk. 

What’s next in ESG/sustainability law? 

It does look like change will be the only constant. As the planet warms, ecosystems are pressured, and our populations grow, the laws and regulations in this field are bound to continue to be part of the response. Different countries and US states will continue to take varying regulatory approaches, selecting their specific mix of incentives, reporting, supply chain due diligence, border adjustments, cap-and-trade, carbon and nature credits, country-level decarbonization goals, permitting reform and deregulation. For companies, the continued evolution of this regulatory field will create opportunities and risks. 

The most interesting place my job has taken me 

Before joining Covington I spent some time in Juba working for the South Sudan Law Society. The country had just won its independence and was assessing how to regulate its land and mineral sectors with a long-term strategy for sustainable development. Together with my colleagues we visited areas of artisanal gold mining. I often think back to those experiences and remember how interconnected we have all become. 

References 

“Paul is a superstar in the sustainability arena and has become a recognised leader in the rapidly evolving area of EU ESG regulations, particularly regarding CSRD and CSDDD. Given the fluid nature of these regulations over the past year, he has been a sought-after expert – not just on the status of the legislation but also in counseling on how best to operationalize them.  He serves as a lynchpin and bridge given his unique background – in his ability to explain the intricacies of the EU ecosystem to US-based multinationals, convey the underlying accounting issues as well as the legal parameters and blend a sophisticated understanding of both environmental and human rights processes.” Dan Feldman, co-chair of Covington’s ESG and business & human rights practices