According to SEC Chair, Gary Gensler, “[w]hen it comes to climate risk disclosures, investors are raising their hands and asking for more.” He has therefore asked his staff to prepare recommendations on new mandatory climate-change-related disclosure rules.

There appear to be two principal policy goals behind this proposed mandatory climate-related disclosure regime. First, to advise current and prospective investors of previously undisclosed physical and transitional climate-related risks through reliable, consistent, and comparable disclosures. Second, to structure the disclosure requirements to highlight “bad actors” and incentivize changes in the climate-related behavior of publicly traded companies.

Not everyone is, however, convinced that new, mandatory climate disclosures are necessary or even wise. For example, two of the five current SEC Commissioners have questioned the wisdom and/or need for new climate disclosure rules. In addition, Professor Stephen Bainbridge and Professors Paul and Julia Mahoney have expressed concern over the costs of a new climate-disclosure regime, as well as skepticism over the claim that climate disclosures are important to the average investor.

In our recent essay, An Economic Climate Change?, my coauthor George Mocsary and I weigh into the debate over the wisdom of new mandatory climate-change disclosure rules for issuers by asking:

News Release

The Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) have signed two Memoranda of Understanding (MOU) to address circumstances of overlapping jurisdiction and to share information in connection with market surveillance and investigations into potential market manipulation, fraud or abuse. The MOUs allow the agencies to promote effective and efficient regulation to protect energy market competitors and consumers.

Finally, the CFTC and FERC seem to have resolved some serious jurisdictional overlap problems between the agencies related to Dodd-Frank (section 720(a)(1)), which required the agencies to adopt a Memorandum of Understanding (MOU) to resolve several key issues. It’s taken a while to get here.  Recall that settling (or at least improving) jurisdictional questions became especially acute in the wake of the Brian Hunter case, where the CFTC joined the defendant against FERC claiming that the CFTC had exclusive jurisdiction over Hunter’s alleged trading violations.  The DC Circuit agreed with Hunter and the CFTC (opinion pdf). 

At long last, there are two MOUs, one related to jurisdiction (pdf) and the other related to information sharing (pdf). According to the FERC news release, the jurisdiction MOU provides a process the