The podcast discusses the SEC's new rules on climate disclosures, requiring companies to disclose emissions and climate risks. Critics question legality and effectiveness. Guest Shiva Rajgopal explains the ruling and compares it to EU and California rules. Topics include SEC actions, passive investing challenges, ESG principles, and legal implications of the new rule.
The SEC's new climate disclosure rules aim to provide consistent information to investors by requiring companies to disclose emissions, climate risks, and associated expenses in annual reports.
While the SEC's rules face criticism, regulations in the EU and California are more stringent, requiring detailed sustainability reporting and emissions disclosures from a large number of businesses, including tech giants.
Deep dives
SEC's New Rules on Climate-related Disclosures for Businesses
The Securities and Exchange Commission (SEC) adopted new rules aiming to standardize climate-related disclosures for public businesses and offerings. These rules require companies to disclose emissions, climate risks, expenses, and losses in annual reports. Despite facing backlash on legality and effectiveness, the rules aim to provide consistent and comparable information for investors. The SEC's focus on climate risks aligns with global efforts to address climate concerns through transparent disclosures.
Comparison of SEC's Rule with EU and California Regulations
While the SEC's climate disclosure rules have faced scrutiny, regulations in the EU and California are more ambitious. California's regulations will require emissions reporting from over 5,300 businesses, including tech giants like Apple and Google. The EU's corporate sustainability reporting directive introduces detailed sustainability requirements. These regulations aim to tackle climate change through stringent disclosures, setting high standards for environmental responsibility.
Challenges and Debates Surrounding ESG Principles and Disclosures
The debate on environmental, social, and governance (ESG) principles highlights the pushback and evolving nature of sustainability in the business world. ESG movements emphasize the valuation of natural capital, consideration of externalities, and the connection between management and ownership. Despite criticisms and legal scrutiny, ESG principles continue to shape discussions on business practices and sustainability reporting, indicating a shift towards greater accountability and transparency.
Potential Legal Scrutiny and Implications of SEC's Climate Disclosure Rule
Considering legal challenges and agency discretion limits, the SEC's rule may withstand scrutiny due to its focus on materiality and financial impacts. The rule's alignment with financial materiality standards and limited foray into social policy enhance its legal defensibility. By leaving materiality definitions to issuers and focusing on cash flow and asset impacts, the rule aims to address climate risks within the SEC's regulatory framework.
On March 6, the U.S. Securities and Exchange Commission (SEC) adopted new rules to standardize climate-related disclosures for public business and public offerings. Hoping to provide investors with consistent and comparable information, the Commission’s new rules require companies to disclose emissions and the expenses and losses associated with climate risks in annual filings and reports.
But critics immediately balked at the rules, questioning its legality and effectiveness.
So, how does the SEC define climate-related risks? How do their disclosure requirements compare to similar rules passed in the EU and California? And what are the critics saying?
Shiva is the Kester and Byrnes Professor of Accounting and Auditing at Columbia Business School. His research interests span financial reporting, earnings quality, fraud, executive compensation and corporate culture. From 2017-2019, Shiva served as the vice dean of research for Columbia Business School and has been a faculty member at Duke University, Emory University, and the University of Washington.
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