“We’re glad the SEC is stepping up to the plate to protect investors.”
- Ann Stausboll, CEO, California Public Employees Retirement System
On Wednesday The Securities and Exchange Commission said for the first time that companies should inform investors of any risks to its business from climate change. For years, big investors like CalPERS have been asking the SEC to issue guidance telling companies to disclose risks to their financial results posed by climate change. It was a pretty reasonable request, given that cap and trade laws, international restrictions and severe weather could pose a significant business risks for certain companies.
Take Exxon. If the cost of using fossil fuels goes up, their customers become incentivized to use far less of it. This could have a ramification for their business. Similarly, an big increase in storm activity in the North Sea could significantly impact the natural gas production of offshore rigs. Perhaps the company may want to incorporate such things into their long-term strategy. Their investors, understandably, might want KNOW that the company has considered these possibilities and taken the proper steps to mitigate the risks and capitalize on the opportunities. Fiduciary responsibility, anyone?
While some companies have been forthcoming with this kind of information, most have not confronted the issue at all. Investors who wanted to know have had to pass shareholder actions to get companies to tell. Ideally, this should not be the case.
Yesterday came the NUDGE. The SEC said that companies should include the following in their annual reports:
• Impact of Legislation and Regulation: When assessing potential disclosure obligations, a company should consider whether the impact of certain existing laws and regulations regarding climate change is material. In certain circumstances, a company should also evaluate the potential impact of pending legislation and regulation related to this topic.
• Impact of International Accords: A company should consider, and disclose when material, the risks or effects on its business of international accords and treaties relating to climate change.
• Indirect Consequences of Regulation or Business Trends: Legal, technological, political and scientific developments regarding climate change may create new opportunities or risks for companies. For instance, a company may face decreased demand for goods that produce significant greenhouse gas emissions or increased demand for goods that result in lower emissions than competing products. As such, a company should consider, for disclosure purposes, the actual or potential indirect consequences it may face due to climate change related regulatory or business trends.
• Physical Impacts of Climate Change: Companies should also evaluate for disclosure purposes the actual and potential material impacts of environmental matters on their business.
Say no more!