Climate Disclosures

15 posts

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 Anti-ESG Movement Has Not Fared Well in Court, but Critical Decisions Are Pending

The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions. Hundreds of these proposals […]

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, […]

The SEC’s Final Climate Disclosure Rule: Key Requirements, and the Materiality Threshold

Nearly two years and 24,000 public comments after its proposal, the Securities and Exchange Commission (SEC) released its final climate disclosure rule last week, formally titled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.” The rule expands public companies’ disclosure requirements to include certain greenhouse gas (GHG) emissions data […]

A Comparative Analysis of the SEC’s Climate Disclosure Proposal

This piece previously appeared in the CLS Blue Sky Blog. In the global effort to protect the earth’s climate, the pace of regulation is rivaled only by the speed of technological innovation. What seemed improbable just a few years ago – requiring large companies to measure and report annual greenhouse […]

The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

It has been more than a year and a half since the Securities and Exchange Commission (SEC) proposed its climate-related disclosure rule. In the interim, lawsuits in the ESG and regulatory space have constricted the SEC’s path to promulgating a final rule that will survive judicial review. This blog post […]