Friday, July 01, 2022

Securities disclosure in the Anthropocene: a guide to the SEC’s climate risk proposal

By Mark S. Nelson, J.D.

The SEC’s proposed climate-related disclosure regime would impose a significant new disclosure obligation on public companies. While the proposal divides generally into three parts covering financial statement metrics, corporate governance, and GHG emissions, each of these parts is intricately interrelated.

A new white paper by Wolters Kluwer Senior Legal Analyst Mark S. Nelson, J.D., examines in detail the requirements for each of the proposed disclosures to provide a framework for understanding what will be required of companies and how they might begin to comply with the proposed climate-related disclosure regime, assuming the Commission adopts a final climate regulation, while also offering a framework to evaluate the thousands of public comments submitted on the proposal. Specifically, the white paper discusses:
  • Key features of the SEC's economic analysis.
  • Graphical, step-by-step depictions of proposed climate disclosures.
  • Discussions of proposed financial statement metrics requirements.
  • Discussion of proposed governance and GHG emissions disclosure requirements.
  • Roadmap to the proposed attestation requirement.
  • Discussion of potential impact of the Supreme Court’s opinion in West Virginia v. EPA.
To read “Securities disclosure in the Anthropocene: a guide to the SEC’s climate risk proposal,” please click here.