Climate Disclosures

12 posts

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 offered a summary of the final rule, […]

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 […]

New California Legislation Would Be a Major Step Forward for Climate Disclosure

This piece previously appeared in the CLS Blue Sky Blog. The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023,[1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation.[2] Much less attention has […]

Transferred Emissions Are Still Emissions: Sabin Center and Columbia Center on Sustainable Investment launch report on the empirical emissions impacts of fossil fuel asset sales by oil supermajors

On Tuesday, May 9, the Sabin Center and the Columbia Center on Sustainable Investment launched Transferred Emissions are Still Emissions: Why Fossil Fuel Asset Sales Need Enhanced Transparency and Carbon Accounting. The increased atmospheric concentration of carbon dioxide (CO2) and other greenhouse gases (GHGs) is driving global climate change on […]

The Tragedy on the Financial Horizon is Closer Than You Think

In September 2015, then Bank of England Governor Mark Carney gave a landmark speech on the “Tragedy of the Horizon.” The concept was simple: climate change creates tremendous risk for financial markets, but these mounting risks are ignored by investors due to the market’s tendency towards myopia. The speech marked […]