U.S. companies would have to disclose climate risks under proposed SEC rules
Voluntary guidance issued in 2010, but this is the 1st time mandatory rules were put forward
The Associated Press · Posted: Mar 22, 2022 7:46
AM ET | Last Updated: 2 hours ago
U.S. companies would be required to disclose the greenhouse
gas emissions they produce and how climate risk affects their business under
new rules proposed Monday by the Securities and Exchange Commission as part of
a drive across government in the United States to address climate change.
Under the proposals adopted on a 3-1 SEC vote, public
companies would have to report on their climate risks, including the costs of
moving away from fossil fuels, as well as risks related to the physical impact
of storms, drought and higher temperatures caused by global warming. They would
be required to lay out their transition plans for managing climate risk, how
they intend to meet climate goals and progress made, and the impact of severe
weather events on their finances.
The number of investors seeking more information on risk
related to global warming has grown dramatically in recent years. Many
companies already provide climate-risk information voluntarily. The idea is
that, with uniform required information, investors would be able to compare
companies within industries and sectors.
"Companies and investors alike would benefit from the
clear rules of the road" in the proposal, SEC chairman Gary Gensler said.
What kinds of emissions must be disclosed?
The required disclosures would include greenhouse gas
emissions produced by companies directly or indirectly — such as from
consumption of the company's products, vehicles used to transport products,
employee business travel and energy used to grow raw materials.
The SEC issued voluntary guidance in 2010, but this is the
first time mandatory disclosure rules were put forward. The rules were opened
to a public comment period of around 60 days and they could be modified before
any final adoption.
Climate activists and investor groups have clamoured for
mandatory disclosure of information that would be uniformly required of all
companies. The advocates estimate that excluding companies' indirect emissions
would leave out some 75 per cent of greenhouse gas emissions.
Why business groups, Republican officials are opposed
On the other hand, major business interests and Republican
officials — reaching down to the state level — began mobilizing against the
climate disclosures long before the SEC unveiled the proposed rules Monday,
exposing the sharply divided political dynamic of the climate issue.
Hester Peirce, the sole Republican among the four SEC
commissioners, voted against the proposal. "We cannot make such
fundamental changes without harming" companies, investors and the SEC, she
said. "The results won't be reliable, let alone comparable."
The SEC action is part of a government-wide effort to
identify climate risks, with new regulations planned from various agencies
touching on the financial industry, housing and agriculture, among other areas.
U.S. President Joe Biden issued an executive order last May calling for
concrete steps to blunt climate risks, while spurring job creation and helping
the country reduce greenhouse gas emissions that contribute to climate
change.
Biden has made slowing climate change a top priority and has
set a target to cut U.S. greenhouse gas emissions by as much as 52 per
cent below 2005 levels by 2030. He also has said he expects to adopt a
clean-energy standard that would make electric power carbon-free by 2035, along
with the wider goal of net-zero carbon emissions through the economy by 2050.
A report issued last fall by the Financial Stability
Oversight Council, a group of top federal regulators including the Federal
Reserve and the Treasury Department, warned that climate change posed risks to
financial institutions and the financial system.
The nation's premier business lobby, the U.S. Chamber of
Commerce, and the American Petroleum Institute, the oil industry's top trade
group, maintain that the SEC is reaching beyond its authority with the
mandatory reporting rules, which would impose substantial costs on businesses.
SEC could be taken to court
The threat that opponents could take the SEC to court over
the regulations has loomed.
Last June, a group of 16 Republican state attorneys general,
led by Patrick Morrisey of West Virginia, raised objections in a letter to SEC
chairman Gensler. "Companies are well positioned to decide whether and how
to satisfy the market's evolving demands, for both customers and
investors," they said. "If the (SEC) were to move forward in this
area, however, it would be delving into an inherently political morass for
which it is ill-suited."
Morrisey previously threatened to sue the SEC over expanded
disclosures from companies of environmental, social and governance information.
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