U.S.: SEC Seeks to Bring Clarity to Reporting "Known Uncertainties"

by Stephen K. Rhyne (Charlotte)

Uncertainty seems to pervade almost any discussion of climate change and its consequences. This is especially true when discussing climate change legislation and regulation.

Notwithstanding, the Securities and Exchange Commission (SEC) in January sought to bring some clarity to the question of whether climate change and its consequences, including pending legislative and regulatory proposals, are appropriate matters of disclosure for public companies. In its detailed interpretive release, the SEC sets forth the analytical framework and process for a public company to follow in determining whether climate change and its consequences are to be disclosed in the company’s public filings.

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SEC Posts Guidance on Climate Change Disclosure,

Written by Stephen K. Rhyne (Charlotte), Sean M. Jones (Charlotte), Kristy T. Harlan (Seattle)

On Tuesday, February 2, 2010, the Securities and Exchange Commission (SEC) published its interpretive release providing guidance to public companies regarding disclosures to be made in SEC filings about the consequences of climate change.

As described in our January 28 alert "SEC Approves Interpretive Release on Climate Change Disclosure," the SEC had approved the release at its open meeting on January 27, 2010.  In addition to highlighting areas where climate change may trigger disclosure requirements, as described in our earlier alert, the interpretive release also provides a more complete analysis of the SEC's view of the obligations of public companies, and the process to be undertaken by them, regarding climate change-related disclosure.

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SEC Approves Interpretive Release on Climate Change Disclosure

Written by by Stephen K. Rhyne (Charlotte), Kristy T. Harlan (Seattle) and Sean M. Jones (Charlotte).

At its meeting on January 27, 2010, the Securities and Exchange Commission (SEC), by a 3-to-2 vote, approved an interpretive release to provide guidance to public companies regarding disclosures to be made in SEC filings about the consequences of climate change, including potential regulation and legislation.

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