Challenges in Implementing the SEC’s New Interpretive Guidance on Climate Change


At no point in this nation’s history has climate change been a more hotly and publicly debated topic than it is today. Although it may be said that most Americans accept the scientific evidence that climate change poses a serious threat to human health, development and even existence, there is widespread disagreement about how the threat should be addressed, and there is a vocal minority that asserts it does not even exist (or that its severity has been exaggerated).1

These debates are being played out in the public sphere and in the proceedings of all three branches of U.S. government, creating a frequently changing vision of an American future that may include a “low-carbon economy” vastly different from the economy we see today.

In 2007, pushed by certain state governments that had already grown concerned about climate change, the U.S. Supreme Court opened the door to federal regulatory action with its 5-4 ruling in Massachusetts v. EPA.2 In that decision, the court ruled that carbon dioxide and other greenhouse gases are, “without a doubt,” “air pollutants” within the meaning of the Clean Air Act and that (absent new legislation) the Environmental Protection Agency was required to regulate them as such.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.