President Trump views environmental and financial deregulation as main tools to stimulate economic growth and job creation. The EOs issued to date have focused upon Environmental Protection Agency (EPA) rules and the repeal or revision of the Dodd-Frank Act. CCSFR is governed by securities laws worldwide, and in the U.S., Securities & Exchange Commission (SEC) regulation, which implements and enforces the U.S. securities laws, is the controlling authority. CCSFR is not legally impacted by EPA rules or the Dodd-Frank Act. The SEC has not yet issued any final or proposed rules on CCSFR, but the “materiality” principle inherent throughout the SEC regime applies to all issuer SEC filings. The SEC issued an “Interpretative Release” on Climate Change Guidance in 2010, which identified four main areas of climate-related risk that issuers should consider, but this release does not have the force of law.
Neither President Trump nor his Cabinet or agency officials have mentioned CCSFR, even in the context of the 2015 Paris Climate Agreement, and the substantive linkage between CCSFR and economic growth/job creation is attenuated at best. The new SEC Chair appointee, Jay Clayton (Senate confirmation pending), in his March 2017 nomination hearing testimony to the Senate Committee on Banking, Housing and Urban Affairs, supported the 2010 SEC Climate Change Guidance in response to a direct query from Senator Jack Reed: “public companies should be very mindful of that guidance as they are crafting their disclosure.”