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SEC Climate Change Disclosure: Is Your Company's Carbon Footprint a "Material" Risk?

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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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Published In: Environmental Law Updates, Business Organization Updates, Election & Politics Law Updates, Securities Law Updates

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.

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