Financial Regulation

16 posts

State Anti-ESG Movement Evolves to Target Investor Access

With anti-ESG forces ascendant in national government, and federal agencies neglecting or outright reversing even modest regulatory efforts to address climate risks, fossil-fuel industry supporters have expanded their agenda at the state level. Through 100+ statehouse bills introduced this year, the anti-ESG agenda has moved beyond an initial targeting of […]

Fiduciary Duties White Paper: Varied Legal Parameters Shape Fiduciaries’ Ability To Act On Climate Risk

  Commentators who advocate either for or against corporate and asset managers addressing climate risks often refer to “fiduciary duty” as justification for their claims. Yet no field of corporate or asset management actually imposes one standalone fiduciary duty. Nor do any two business-law fields impose the same fiduciary regime. […]

Uncertainty on Climate Risk Disclosure as Trump’s SEC Abdicates Responsibility

For a second time, the Securities and Exchange Commission (SEC) has passed the buck on its landmark climate disclosure rule, entitled The Enhancement and Standardization of Climate-Related Disclosures for Investors. The rule, finalized just last year, remains in legal limbo, as neither the SEC nor the courts seem eager to […]

New Report: Upcoming Debates on the SEC’s Climate Disclosure Rule

What will happen to the SEC’s March 2024 climate disclosure rule under the new federal administration? A paper published by Columbia University’s Sabin Center for Climate Change Law and the Columbia Center on Sustainable Investment (CCSI) seeks to contribute to the upcoming debates on this question. In their joint report, […]

The SEC’s Climate Disclosure Rule Will Reveal Healthcare’s Significant Climate Risk Exposure

Though it has been largely ignored by the healthcare industry thus far, and unmentioned by Department of Health and Human Services (HHS), the Securities and Exchange Commission’s (SEC) climate disclosure rule may prove to be one of the most consequential healthcare regulations in US history. Healthcare investors are particularly interested […]

Recommendations to Update the Antitrust Guidelines for Competitor Collaborations

Today, the Sabin Center for Climate Change Law and the Columbia Center on Sustainable Investment jointly published a new report: Recommendations to Update the FTC and DOJ’s Guidelines for Collaboration Among Competitors. The guidelines help firms understand the antitrust principles and boundaries of any collaborations they may undertake with other […]

The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Now that the Securities and Exchange Commission (SEC) has released its final climate disclosure rule, attention has turned to the rule’s implementation and impact. This post is the third in a series of blogs that address specific legal features of the rule: Part One offers a summary of the final […]

The SEC’s Final Climate Disclosure Rule: Pathways for Improving the “Floor”

In the March 6th vote to approve the SEC’s final climate disclosure rule, the Commissioners split along party lines, with the rule passing by a 3-2 vote. It received a scathing review from Commissioners Peirce and Uyeda, both of whom suggested that the SEC should have re-proposed a new rule, […]