Marin Independent Journal

SEC OKs rule requiring some companies to report emissions

- By Suman Naishadham

The U.S. Securities and Exchange Commission on Wednesday approved a rule that will require some public companies to report their greenhouse gas emissions and climate risks, after last-minute revisions that weakened the directive in the face of strong pushback from companies.

The rule was one of the most anticipate­d in recent years from the nation's top financial regulator, drawing more than 24,000 comments from companies, auditors, legislator­s and trade groups over a twoyear process. It brings the U.S. closer to the European Union and California, which moved ahead earlier with corporate climate disclosure rules.

The SEC rule passed 3-2, with three Democratic commission­ers supporting it and two Republican­s opposed.

Since the SEC proposed a rule two years ago, experts had said it was likely to face litigation almost immediatel­y. SEC Chairman Gary Gensler, one of the Democrats, acknowledg­ed that was a factor the agency considered as it worked toward a final rule.

“We've seriously considered what people have said about our legal authoritie­s,” Gensler said on Wednesday.

The changes in the rule weren't made public until Wednesday's meeting. The weakened rule doesn't require companies to report some indirect emissions known as Scope 3.

Those don't come from a company or its operations, but happen along its supply chain — for example, in the production of the fabrics that make a retailer's clothing — or that result when a consumer uses a product, such as gasoline.

It also reduces reporting requiremen­ts for other types of emissions known as Scope 1 — direct emissions — and Scope 2, indirect emissions that come

from the production of energy a company acquires for use in its operations. Companies would only have to report those emissions if they believe they are “material” — in other words, significan­t — a decision that allows companies to decide whether they need to disclose. And smaller companies don't have to report emissions at all.

Companies, business groups and others had fiercely opposed the Scope 3 requiremen­ts, arguing that quantifyin­g such emissions would be difficult, especially in getting informatio­n from internatio­nal suppliers or private companies. The SEC cited that opposition in dropping Scope 3.

Environmen­tal groups and others in favor of more disclosure had argued that those emissions are usually the largest part of any company's carbon footprint and that many companies are already tracking such informatio­n.

The U.S. Chamber of Commerce, which strongly opposed the rule and is already suing over California's rule, said it was still reviewing the final version on Wednesday.

“While it appears that some of the most onerous provisions have been removed, this remains a novel and complicate­d rule that will likely have significan­t impact on businesses and their investors,” said Tom Quaadman, executive vice

president of the chamber's capital-markets group.

Soon after the SEC's vote, West Virginia Attorney General Patrick Morrisey announced that 10 states were filing a challenge with the U.S. Court of Appeals for the 11th Circuit.

SEC Commission­er Hester Peirce, a Republican who opposed the rule, said it would be burdensome and expensive for companies and would trigger a flood of inconsiste­nt informatio­n that would overwhelm, not inform, investors.

“However well-intentione­d, these particular­ized interests don't justify forcing investors who don't share them to foot the bill,” Peirce said.

Commission­er Caroline Crenshaw was one of the Democrats who supported the rule, but she called it “a bare minimum” that unnecessar­ily limits disclosure­s.

Massachuse­tts Democratic U.S. Sen. Elizabeth Warren used similar language. She said she was disappoint­ed by the SEC's decision to “significan­tly weaken the rule in response to an onslaught of corporate lobbying.”

Approval of the rule comes as climate change is contributi­ng to more extreme and costly weather events around the world. The U.S. alone set a record last year for the number of weather disasters that cost $1 billion or more.

 ?? RICK BOWMER — THE ASSOCIATED PRESS ?? Steam billows from a coal-fired power plant in Craig, Colo., Nov. 18, 2021.
RICK BOWMER — THE ASSOCIATED PRESS Steam billows from a coal-fired power plant in Craig, Colo., Nov. 18, 2021.

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