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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Between recent rulemaking at the SEC and California’s GHG disclosure bills, many have been asking: when will mandatory GHG disclosures come to the US? While the SEC faces an uphill legal battle to implement its Climate-related Disclosures Rule, California has taken a proactive stance passing its own state-level disclosure laws that require businesses in California making at least $1 billion to disclose their GHG emissions and requiring certain climate-related risk disclosures. A recent survey of 95 C-suit executives of US-based companies from EcoOnline indicates that companies are taking the new laws seriously and are working towards compliance. The survey states:

“Virtually all respondents were aware of the new laws, and 85% were taking a proactive stance in understanding the new regulations. Furthermore, despite the recency of the California legislation, 83% of survey respondents were already on a path involving technology, data collection, report generation, and tracking against goals. A majority of companies taking a proactive approach are aware of Scope 3 emissions.”

Company action is different on a case-by-case basis but the survey identifies that:

  • 77% of companies are collecting data and building compliance processes using existing tools
  • 66% are deploying or searching for a software solution to streamline data collection & reporting
  • 39% are conducting a readiness assessment.

California’s GHG disclosure laws are by no means a “done deal” with political and legal uncertainty as the laws face potential amendments and lawsuits. It’s encouraging to see fewer companies taking a “wait and see” approach as many are with the SEC’s Climate-related Disclosures Rule. Provided California’s laws can survive the legal challenge, it’s a question of when they will be implemented, not if they will be implemented. Companies appear to recognize that getting ahead of compliance is better than playing catch-up.

Our members can read more about California’s GHG disclosure laws here.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile