Why new SEC rules could be a big win for green investors (2024)

There is about $35 trillion in ESG-related assets under management worldwide, and that number is only going to grow. If that is going to actually mean anything when it comes to how companies are run, how they’re impacting the environment, and how they’re treating their workers—if ESG is going to be authentic—then we need detailed reporting standards.

The U.S. Securities and Exchange Commission is catching up to the European Union in this respect when it comes to the “E” in ESG, with a proposal on thorough environmental reporting in American companies’ annual 10-Ks. That proposal came in response to a shift in investor interest and public opinion. Investors have formed coalitions that promote and invest in a “net-zero” future, rewarding companies with the best policies and actions toward the environment and creating pathways for nonperformers to achieve net-zero targets. A majority of the American public is now also concerned about climate change and think companies have a role to play in addressing its impacts.

To see where companies stand before a version of this proposal becomes reality, JUST Capital recently produced The Current State of Environment Disclosure in Corporate America—and some of the results were shocking. Of the Russell 1000, 35% release no data related to climate or the environment.

We found that voluntary corporate disclosures across the 13 metrics we considered were all low. The lowest disclosure of only 7% was on the presence of a science-based target—that is, one designed to help limit planetary warming to only 1.5 degrees, specifically verified by the Science Based Targets Initiative. The highest disclosure rate (57%) was around Scope 1 and Scope 2 emissions, the direct and indirect emissions from a company’s operations.

As those numbers suggest, the majority of America’s largest companies do not disclose on the majority of these topics. Indeed, looking more closely, we found that the average company disclosed information on only three of our 13 metrics. We also found that the largest companies represented on the Russell 1000 disclosed about three to five times as much information as smaller companies. Despite this, we also found evidence of high disclosure practices among some of the smallest companies (which arguably aren’t particularly small, with market caps of $500 million to $7 billion).

With this in mind, it becomes clear that ESG investors don’t have the data they need to comprehensively assess a company’s environmental impacts, let alone compare impacts from company to company. That’s why the SEC’s proposal is promising. It standardizes the reporting requirements of Scope 1, Scope 2, and, to a certain extent, Scope 3 emissions, mandating the disclosure of the amount and intensity of emissions that cause global warming. Perhaps an even more promising aspect of the proposal is its requirement that companies explain how they would achieve net-zero goals and other stipulated climate targets, providing investors (and ESG researchers like ourselves) with a rich trove of information.

Aside from appeasing the investors clamoring for more standardized ESG data, the SEC’s proposal closely mirrors American sentiment. Americans resoundingly agree that corporations have a moderate to high impact on addressing climate change, be it through committing to greater product sustainability, climate goals, or transitioning to clean energy. Even more so, roughly 86% of Americans support federally required environmental disclosures from corporations.

These disclosures called for by the SEC are unquestionably material, impacting companies’ short- and long-term financial and social prospects, and adequately addressing the climate avoids risks to the entire system. These proposals, in some ways, formalize data inputs that have long been used by investors. If passed, they will create standardized, comparable, decision-useful data to identify climate leaders who are often rewarded by investor strategies. Companies on less favorable trajectories will attract new investor attention and engagement, and will certainly face investor and peer pressure to improve.

The proposal becoming policy won’t magically change the field in an instant. A recent Deloitte survey found data availability and data quality to be large challenges. Corporate disclosures require companies to develop management architecture and internal control systems to produce and verify data. Often, independent third parties are used for auditing purposes.

These are nontrivial challenges, but luckily, standout leadership on these issues already exists across numerous industries.

Microsoft, for example, is the only company to report on all 13 metrics we studied. In a recent release, the company noted an increase in its greenhouse gas (GHG) emissions; it acknowledged that this represented performance on the company’s emission reduction commitments, and doubled down on its commitment to achieving net zero.

S&P Global discloses GHG emissions for Scope 1, 2, and 3, providing year-on-year data, which effectively gives anyone visiting its website the ability to monitor its progress. The company recently went further and called for a “cultural change” to preserve its environmental ambitions, even if current leadership changes while on its pathway to net zero.

These companies and other corporate leaders are showing that there are solutions to linking environmental plans to core strategy, where the work contributes to not only building a world that is livable, but also to minimizing well-cataloged climate risks to businesses—thereby ensuring profits, people, and planet have a shared future.

Our work has shown that the SEC’s proposed metrics could significantly bolster ESG investing, and disclosure would potentially compel some to enhance policies that will have positive impacts on both the environment and their business. And looking beyond all that, there is a clear opportunity for bringing this level of depth to standards around social responsibility, the “S” in ESG, and we’re eager to see where the SEC goes on that.

Truly legitimizing ESG will be a gradual process that takes time, but is one that the American public—whether they are investors or not—wants to see happen.

Shane Khan is the head of research at JUST Capital.

The opinions expressed in Fortune.com commentary pieces are solely the views of their authors and do not reflect the opinions and beliefs ofFortune.

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Why new SEC rules could be a big win for green investors (2024)

FAQs

Why new SEC rules could be a big win for green investors? ›

The new rule will create more relevant information with which fund managers (and you) can compare companies. Firms that aren't addressing climate risk will be forced to up their game, leading to better management. Climate risks will become an important part of the traditional investment narrative.

What is the final rule of the SEC climate rules? ›

Under the final rule, registrants must disclose any climate-related risks overseen by the board of directors. Materiality is not considered because matters overseen by the board of directors are generally expected to be material.

What is the SEC rule on emissions? ›

On March 6, 2024, in a 3 to 2 vote of the Commissioners, the US Securities and Exchange Commission (the "SEC") adopted rules that will require public companies to disclose extensive climate change-related information in their SEC filings.

What is the SEC climate rule for March 6 2024? ›

Overview. On March 6, 2024, the SEC issued a final rule1 that requires registrants to provide climate-related disclosures in their annual reports and registration statements, including those for IPOs, beginning with annual reports for the year ending December 31, 2025, for calendar-year-end large accelerated filers.

What is the climate rule for the SEC agenda? ›

In March, the SEC finalized its rule titled, The Enhancement and Standardization of Climate-Related Disclosures for Investors. If Congress does not block it, the rule will soon require more than 7,000 American companies to make climate disclosures.

What is the SEC climate rule 1% threshold? ›

Specifically, companies would be required to disclose financial impact metrics if the aggregate absolute value of positive and negative impacts arising from (1) severe weather events, and other natural conditions, (2) transition activities, and (3) identified climate-related risks is greater than 1% of the impacted ...

What is the SEC update for 2024? ›

The 2024 SEC Reporting Taxonomy (SRT) includes elements to meet U.S. Securities and Exchange Commission (SEC) requirements for financial schedules required by the SEC, condensed consolidating financial information for guarantors, and disclosures about oil and gas producing activities.

What state has the strictest emissions laws? ›

Then the city created the Los Angeles County Air Pollution Control District and, by 1967, established the California Air Resources Board (CARB). As a result, California has some of the strictest requirements regarding smog and emissions, thanks to CARB.

What is the new GHG rule? ›

The rule now divides coal-fired power plants into three categories. Those that will cease operation by 2032 are exempt from the rule. Those operating between 2032 and 2039 will be required to achieve emissions reductions equivalent to co-firing 40 percent by volume natural gas.

How much does the SEC climate disclosure rule cost? ›

With respect to the Regulation S-K amendments pertaining to: governance disclosure; disclosure regarding the impacts of climate-related risks on strategy, business model, and outlook; and risk management disclosure, the SEC estimates that compliance costs will be $327,000 in the first year of compliance and $183,000 ...

Is ESG reporting required by SEC? ›

On March 6, 2024, the Securities and Exchange Commission adopted final rules to require registrants to disclose certain climate-related information in registration statements and annual reports. Learn how your company will be impacted.

What the 2030 climate deadline really means? ›

For years, scientists and politicians have been saying that the climate battle will be won or lost in the next decade. That narrative was boosted by the Intergovernmental Panel on Climate Change (IPCC), which contends global emissions must be halved by 2030 and reach net zero by 2050 to avoid climate catastrophe.

Will global climate reporting rules be effective from 2024? ›

Reporting on climate-related risks and opportunities is seen by many as an extension of that 50-year-old mandate. On March 6, 2024, the Securities & Exchange Commission (SEC) finalized and adopted these rules to enhance and standardize climate-related disclosures by public companies and in public offerings.

What is the final rule of the SEC climate change? ›

The final rule requires qualitative disclosures on material or reasonably likely to be material climate-related risks, governance and risk management, and impacts on a registrant's strategy, business model and outlook.

What is the SEC rule on carbon emissions? ›

After two years of intense public debate, the U.S. Securities and Exchange Commission approved the nation's first national climate disclosure rules on March 6, 2024, setting out requirements for publicly listed companies to report their climate-related risks and in some cases their greenhouse gas emissions.

What is the final rule release 33 11275? ›

The final rules require a registrant to disclose, among other things: material climate-related risks; activities to mitigate or adapt to such risks; information about the registrant's board of directors' oversight of climate-related risks and management's role in managing material climate-related risks; and information ...

What is the last climate change agreement? ›

What is the Paris Agreement? The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris, France, on 12 December 2015.

What are the SEC rules? ›

SEC regulations are a set of rules and guidelines that govern the securities industry. These rules protect investors and promote fair and orderly markets.

What rules does the SEC proposes to enhance and standardize climate-related? ›

The Upshot. The final rules, adopted March 6, 2024, require companies to disclose qualitative and quantitative information about climate-related risks, climate-risk governance, climate-related goals, and impact on business strategy.

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