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SEC Issues Guidance on Climate Change-Related Disclosure by Public Companies

February 8, 2010


Last November, we wrote about developments that suggested the SEC would soon act to further clarify the obligation of public companies to disclose risks related to climate change and green house gas (“GHG” ) emissions in their public filings. On Feb. 2, 2010, the SEC issued an interpretive release—”Commission Guidance Regarding Disclosure Related to Climate Change”—which provides guidance to public companies on the application of existing SEC disclosure requirements to climate change matters. Although the interpretive release does not create new disclosure requirements, in many cases it will require registrants to think about their disclosure obligations more expansively.