Under the proposal, about 7,000 companies would have to report their “climate-related risks and impacts.” The SEC estimates that these new rules would raise the annual cost of compliance from $3.8 billion to $10.2 billion. That’s no small change. And the SEC’s estimates of $420,000 to $530,000 in annual expenses, including the services of climate modelers and emissions accountants, places a substantial burden on companies, particularly smaller ones.
To appreciate the folly of this proposal, one need only consider its two laughable justifications. First, the SEC says that it must “protect investors” from an ongoing “market failure” involving “difficulties locating and assessing climate-related information when making their investment or voting decisions.” Second, the agency purports that it must correct “market inefficiencies” resulting in capital flows that supposedly do not reflect the true threat of global warming.
Both claims fail the sniff test. There are no market failures here. Corporate managers should already account for “climate-related risks” (if any) while trying to maximize long-term shareholder value in highly competitive securities markets, and the SEC already requires disclosure of such risks where they are material to an investor’s decision making. The upshot is that the proposal is “missing…a credible rationale,” to borrow phrasing from Commissioner Hester Peirce, the lone dissenting voice on the SEC.
The SEC is also duplicating another agency’s work. A major component of the proposal is a requirement that companies disclose their greenhouse gas emissions, yet the Environmental Protection Agency—actually tasked with protecting the environment—already requires emissions reporting. Even though EPA requirements capture 85–90 percent of emissions, the SEC seeks to require more detailed disclosures for public companies, perplexingly implying that investors’ needs are greater than the EPA’s. It’s hard to imagine a worse case of mission creep.
Although big companies can afford to comply without disrupting their business, the same can’t be said for small companies or those with tight margins, all of whom would face a longer road to profitability. And it’s not just public companies in the crosshairs: smaller private companies will be subject to emissions reporting in their roles as suppliers and customers of public companies.
The indirect costs are even more worrisome. All information is not created equal, and there is a limit to the amount of information that an investor can process. Indeed, a company can mislead investors by deluging them with useless information just as surely as it can through concealment. For this reason, the SEC has a responsibility to consider whether required disclosure will result in irrelevant, redundant, and trivial information. The SEC’s climate proposal undermines that responsibility. By mandating an unprecedented degree of specificity for disclosure of climate-related risks—real or imagined—the SEC threatens to flood investors with extraneous information and sow confusion.