by Douglas Feichtner of Dinsmore & Shohl LLP, 12/16/2009
Securities law requires publicly-traded companies to report material risks. Does the Securities Exchange Commission (SEC) currently stipulate that material climate risks be disclosed under existing law? No - at least not yet. Should publicly-traded companies evaluate whether climate change is reasonably likely to impact their future financial performance? Yes - especially as the Obama administration attempts to position the U.S. for a low-carbon future. While the SEC has yet to draft specific guidelines for assessing and measuring climate-related issues, companies can perform a basic assessment of the environmental risks and opportunities that could materially affect their operations.
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