A very interesting paper by Harvard Law School on the SECs authority to follow climate related disclosures.

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A very interesting paper by Harvard Law School on the SECs authority to follow climate related disclosures. In short

‘it is our view that the Commissions Proposal contemplates disclosure requirements that are consistent with close to nine decades of regulatory practice at the federal level and with statutory authority dating back to 1933 that has been repeatedly reaffirmed by Congress and the courts. Accordingly, we are unanimous in our conclusion that the Commission has the statutory authority to promulgate climate-related disclosure rules of the kind currently under consideration.’

ESG reporting is consistent with the SEC’s authority to protect investors, maintain fair, orderly, and efficient markets and facilitate capital formation.

One wonders what the answer to the same question but for cyber regulation is if the SEC proposal for cybersecurity risk management progresses Ted Dziekanowski.

Dean Armstrong QC

#securitiesandexchangecommission #esg #cybersecurity

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