Fighting for climate disclosures with Ceres, Ep #88
May 14, 2024
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Exploring the impact of SEC's new climate disclosure rules, reactions ranging from celebration to lawsuits, importance of disclosures for climate risk assessment, influence of Europe and California's regulations, insights from expert Steven Rothstein on the rule change and future developments
Disclosure rules are crucial for ensuring companies address climate risks and emissions progress.
Regulatory evolution in Europe and California is driving global climate disclosure by imposing specific requirements.
Deep dives
Rise of Climate Disclosure Plans in Investors and Insurers
In the past five years, the landscape of climate action has drastically changed. Institutional investors and insurers have significantly shifted towards setting net zero plans and filing climate disclosure plans. From no institutional investors having net zero plans to now representing trillions of dollars, and from zero insurers with disclosure plans to over 80%, the transformation is evident. Companies are showcasing great leadership through these marked shifts.
Evolution of Regulatory Climate Reporting
The regulatory scene on climate reporting has evolved over the years. Countries like France started mandatory climate disclosure in 2016, with a rise in countries enforcing such requirements. The International Sustainability Standards Board has played a crucial role, with model regulations adopted by 15 countries. Notably, Europe has stricter rules that extend beyond just climate, encompassing water and biodiversity. The regulatory push is motivating companies worldwide to disclose.
Impact and Requirements of CSR Directive and California Laws
The CSR Directive in Europe and the California laws impose specific requirements on companies. CSR goes further with double materiality, accounting for the impact of climate changes on companies and vice versa. California laws focus on emissions, with differing criteria for billion-dollar and half-billion-dollar companies. With a broader scope and obligations for both public and private entities, these regulations drive comprehensive climate accountability.
Navigating Legal Challenges and Future Direction
Legal challenges against SEC and California rules have surfaced, impacting companies seeking regulatory clarity in climate reporting. Though lawsuits introduce uncertainty, industry efforts continue to forge ahead. As organizations like Ceres rally for full implementation, the journey of climate accountability faces legal and practical hurdles. The focus remains on fostering a transparent and sustainable business environment despite regulatory complexities.
After two years of waiting, the SEC finally came out with its new climate disclosure rules. As expected, it was met with a mix of celebration, disappointment, criticism, and lawsuits. The suits came from those who felt the rules went too far and from those who felt they don’t go far enough.
Disclosure rules are critical to ensuring companies are taking climate change seriously. They ensure investors can consider a company’s climate risks as well as their progress in cutting emissions.
Beyond the SEC, Europe and California’s rules are also influencing corporate action in profound ways.
To understand what’s been happening and what’s likely to happen next, I caught up with Steven Rothstein. Steven is the Managing Director of the Ceres Accelerator for Sustainable Capital Markets. He’s been working for years to align financial markets to climate goals and is a well respected expert on this topic. We talked about the history of disclosures, why they matter, the recent SEC rule change, the reaction it sparked, what’s coming next, and much more. I always learn a lot from talking to Steven and I’m sure you will too. Enjoy.
In today’s episode, we cover:
[03:07] Stephen's role at Ceres accelerator
[03:25] The Accelerator’s work & capital market change
[05:02] History of early climate reporting
[06:58] Disclosure requirements in Europe and CSRD
[10:29] California law coverage of private companies
[11:06] Ceres' role in California climate laws
[13:23] Why SEC rule took two years
[15:07] The importance of Scope 3 SEC inclusion
[16:29] SEC rule may evolve over time
[18:00] Legal challenges to rules and regulations
[20:47] Continuing climate preparations
[23:15] Balancing reporting and climate action
[27:19] The importance of interim targets
[29:56] Election impact on climate progress
[31:45] Developing transition plans and data analysis