This Article demonstrates that the legal risk arising from potential ESG liability is increasing due to growing pressure from courts, legislators, and regulators. To illustrate the effects of this movement on ESG governance, this Article focuses on companies that make up the S&P100 to provide an in-depth analysis of what governance structures have been adopted by them and how they dialogue with the ESG legal risk companies are exposed to. It shows that S&P100 companies facing greater ESG legal risk are more likely to design separate corporate governance structures for ESG matters. The results demonstrate that S&P100 companies operating in sensitive industries (where ESG risk is at its peak) usually create specific ESG executive positions. In light of these findings, this Article argues that further initiatives that push companies closer to the level of legal risk currently faced by companies within sensitive industries may cause a spike in the adoption of specific ESG governance structures, as directors and officers would seek protection against potential legal claims brought by shareholders or stakeholders. This has implications as the SEC puts forth a new standard on climate-related disclosures, ideological battles are fought over state-level ESG legislation, and courts attempt to find the balance for reconciling the Caremark framework with concerns over ESG issues.