{"id":14661,"date":"2023-12-07T12:07:52","date_gmt":"2023-12-07T12:07:52","guid":{"rendered":"https:\/\/www.esgtoday.com\/?p=14661"},"modified":"2023-12-07T20:46:31","modified_gmt":"2023-12-07T20:46:31","slug":"sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements","status":"publish","type":"post","link":"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/","title":{"rendered":"SEC Chair Warns Lack of Climate Rule Exposes Thousands of U.S. Companies to EU Climate Reporting Requirements"},"content":{"rendered":"<!--themify_builder_content-->\n<div id=\"themify_builder_content-14661\" data-postid=\"14661\" class=\"themify_builder_content themify_builder_content-14661 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n\n\n<p>The successful establishment of climate reporting rules in the U.S. could potentially help companies facing more onerous climate-related disclosure requirements in other jurisdictions, according to comments by Securities and Exchange Commission (SEC) Chair Gary Gensler at a Council on Foreign Relations event.<\/p>\n\n\n\n<p>Alternatively, the lack of a U.S. rule would be more likely to result in many companies forced to comply with foreign reporting rules such as those in the EU\u2019s Corporate Sustainable Reporting Directive (CSRD), Gensler warned, with the SEC unable to discuss substituted compliance \u2013 a system under which companies are seen as satisfying some requirements under one jurisdiction\u2019s rules by complying with comparable rules elsewhere \u2013 with its EU counterparts.<\/p>\n\n\n\n<p>The SEC released its proposed climate disclosure rules in March 2022, which would require U.S. companies to provide information on climate risks facing their businesses, and plans to address those risks, along with metrics detailing the companies\u2019 operational climate footprint, and in some cases emissions emanating across their value chains. The comment period for the proposed rule ended late last year, but the Commission has yet to issue a final rule.<\/p>\n\n\n\n<p>While the SEC continues to review its climate reporting rule, other sustainability disclosure regimes are emerging, often with a different or more comprehensive focus than the U.S. proposal, that will apply to many of the U.S. public companies under the SEC\u2019s jurisdiction.<\/p>\n\n\n\n<p>Most notably, the EU\u2019s CSRD rules\u2019 requirements in areas such as Scope 3 supply chain emissions reporting will likely be more comprehensive than the SEC\u2019s requirements, which as proposed would mandate the disclosure only if the company determines that it is material or has made a public commitment regarding its Scope 3 emissions. The CSRD also utilizes a double materiality approach under which companies are required to report on how they expect climate and environmental changes to affect their businesses, as well as the how they impact people and planet.<\/p>\n\n\n\n<p>The CSRD rules would apply to many U.S. companies, as the regulation extends the&nbsp;<a href=\"https:\/\/www.esgtoday.com\/eu-to-require-auditing-of-sustainability-reporting-disclosure-by-large-non-european-companies\/\">reporting requirements to non-European<\/a>&nbsp;companies that generate over \u20ac150 million in the EU.<\/p>\n\n\n\n<p>Similarly, California Governor <a href=\"https:\/\/www.esgtoday.com\/california-governor-signs-climate-disclosure-bills-but-pushes-back-on-timeline-and-cost\/\">Gavin Newsom recently signed<\/a> a bill into law which will effectively require large U.S. companies that do business in the state to disclose their full value chain emissions.<\/p>\n\n\n\n<p>In his comments, Gensler said that while the SEC views its climate reporting rules through \u201cthe lens of materiality,\u201d and with a focus on how investors would use the information, he noted that \u201cother jurisdictions may be looking at it for other reasons\u2026 to lower climate or greenhouse gas. That\u2019s not our remit.\u201d<\/p>\n\n\n\n<p>Gensler continued:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote\">\n<p>\u201cIf we were not to finalize a rule, or if we finalize a rule and it\u2019s overturned in the courts, either way if we don\u2019t have a rule\u2026 some significant number of U.S. companies will have to comply with the European standards \u2013 significant number, thousands maybe.<\/p>\n\n\n\n<p>\u201cIf we finalize something, even if it\u2019s different than Europe\u2026 then we can have some discussions with the Europeans about what\u2019s called \u2018substituted compliance,\u2019 possibly.\u201d<\/p>\n<\/blockquote>\n\n\n\n<p>While many expected the finalized rule to be released earlier this year, the SEC has yet to set a firm date for its final release, as it deals with the significant volume of feedback it has received on its proposal. Gensler noted that the proposal \u201cgot over 16,000 public comments \u2013 we never get that. Four or five thousand is a big number, and we often get 200 public comment letters on something were doing.\u201d<\/p>\n\n\n\n<p>Gensler said that he was not announcing when the final rule would be released. A regulatory agenda statement released by the U.S. Office of Information and Regulatory Affairs yesterday listed the current Final Action date for the SEC\u2019s climate rule as April 2024.<\/p><span class=\"et_bloom_bottom_trigger\"><\/span>","protected":false},"excerpt":{"rendered":"<p>The successful establishment of climate reporting rules in the U.S. could potentially help companies facing more onerous climate-related disclosure requirements in other jurisdictions, according to comments by Securities and Exchange Commission (SEC) Chair Gary Gensler at a Council on Foreign Relations event. Alternatively, the lack of a U.S. rule would be more likely to result [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":14662,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[37,17],"tags":[],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>SEC Chair Warns Lack of Climate Rule Exposes Thousands of U.S. Companies to EU Climate Reporting Requirements - ESG Today<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"SEC Chair Warns Lack of Climate Rule Exposes Thousands of U.S. Companies to EU Climate Reporting Requirements - ESG Today\" \/>\n<meta property=\"og:description\" content=\"The successful establishment of climate reporting rules in the U.S. could potentially help companies facing more onerous climate-related disclosure requirements in other jurisdictions, according to comments by Securities and Exchange Commission (SEC) Chair Gary Gensler at a Council on Foreign Relations event. Alternatively, the lack of a U.S. rule would be more likely to result [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\" \/>\n<meta property=\"og:site_name\" content=\"ESG Today\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/ESGToday\/\" \/>\n<meta property=\"article:published_time\" content=\"2023-12-07T12:07:52+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2023-12-07T20:46:31+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.esgtoday.com\/wp-content\/uploads\/2023\/12\/SEC-Gensler3.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1344\" \/>\n\t<meta property=\"og:image:height\" content=\"783\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Mark Segal\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@EsgToday\" \/>\n<meta name=\"twitter:site\" content=\"@EsgToday\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Mark Segal\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\"},\"author\":{\"name\":\"Mark Segal\",\"@id\":\"https:\/\/www.esgtoday.com\/#\/schema\/person\/cca7a2b05e3a06d096e5740fb1433a01\"},\"headline\":\"SEC Chair Warns Lack of Climate Rule Exposes Thousands of U.S. Companies to EU Climate Reporting Requirements\",\"datePublished\":\"2023-12-07T12:07:52+00:00\",\"dateModified\":\"2023-12-07T20:46:31+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\"},\"wordCount\":648,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/www.esgtoday.com\/#organization\"},\"articleSection\":[\"ESG Reporting\",\"Regulators\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\",\"url\":\"https:\/\/www.esgtoday.com\/sec-chair-warns-lack-of-climate-rule-exposes-thousands-of-u-s-companies-to-eu-climate-reporting-requirements\/\",\"name\":\"SEC Chair Warns Lack of Climate Rule Exposes Thousands of U.S. Companies to EU Climate Reporting Requirements - 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