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ENERGY/ENVIRONMENTAL LAW ALERT: The SEC Issues Interpretive Guidance Regarding Disclosure Related to Climate Change
February 26, 2010

Click here for the full PDF.


On February 2, 2010 the Securities and Exchange Commission (SEC) issued an interpretive release (SEC Release No. 33-9106; 34-61469; FR-82, “the Release”) to provide publicly reporting companies (“Registrants”) guidance regarding the application of the SEC’s existing disclosure requirements under the federal securities laws and regulations as they apply to climate change matters. The Release has been issued at a time when there have been regulatory and legislative developments regarding climate change matters, as well as increased shareholder activism by large institutional investors and other investors seeking greater disclosure of the effects of climate change matters on the business and operations of Registrants. Although the Release only represents interpretive guidance, the fact that the Commission has taken the time to issue it and focus on these matters suggests that the SEC is likely to concentrate on reviewing Registrants’ climate change related disclosures in the coming years.

Click here for the full PDF.