AALS Hot Topic Program

Go Back

In April, 2016, the Securities and Exchange Commission (“SEC”) issued a Concept Release asking fundamental questions about its disclosure regime, including questions about whether it should require more sustainability (environmental, social, governance) disclosure. In response, 26,512 comments were submitted. See Towards a Sustainable Economy: A Review of Comments to the SEC’s Disclosure Effectiveness Concept Release, September, 2016, available at http://www.citizen.org/documents/SustainableEconomyReport.pdf . “By way of comparison, of 161 major proposals by the SEC since 2008, only 6 have received more than 25,000 comments.” Id. at 9. While it is now unlikely that the SEC will require sustainability disclosure, this roundtable discussion will debate some of the underlying policy issues in light of the many voluntary sustainability disclosure frameworks in the world, including those currently being developed by the Financial Stability Board, with Michael Bloomberg as Chair. Is sustainability information “material” information as defined by the U.S. Supreme Court? Is the information being disclosed by 92% of Global 500 companies using voluntary disclosure frameworks (such as those promulgated by the Sustainability Accounting Standards Board) sufficient to inform investors and promote allocative efficiency within the U.S. capital markets? Why do companies disclose this information, and what further information do investors need?