Davis Polk counsel David Zilberberg examined the SEC’s new climate disclosure rules and the potential impact on carbon offset markets with OPIS.

“The SEC made efforts throughout the rule to make it clear, even where it was clear before, that they’re looking for disclosure of things that would have material impact,” David explained.

“The rules didn’t strike me as going beyond what companies are probably collecting anyway when they buy offsets,” he added. “When a company buys offsets, I think they’re pretty conscious of the documentation surrounding the offset project. Whoever is responsible for purchasing the offsets presumably has the information that the SEC is asking for.”

“SEC Climate Rule Could Have Varied Effects on Carbon Offset and REC Use,” OPIS (March 15, 2024) (subscription required) 

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