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Emissions reporting requirements have gone from mostly mandatory to quasi-discretionary.
The Securities and Exchange Commission approved a highly anticipated rule on Wednesday that will require companies to disclose information about their climate-related risks to investors. But the final rule differs dramatically from the proposal the Commission released two years ago, with significantly weaker provisions that leave it up to companies to decide how much information to share.
Perhaps the most dramatic change: Most of the climate-related disclosures the rule covers are now mandatory only if they’re considered “material.” Under the original rule, all public companies would have been required to calculate and report the greenhouse gas emissions they are directly responsible for, known as scope 1 emissions, and the emissions from the electricity they use, known as scope 2 — no exceptions. But under the final rule, companies only have to report this information if they deem it material — i.e. if there is “a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the ‘total mix’ of information made available,” according to a 1976 Supreme Court decision.
Further, only about 40% of domestic public companies will even be required to consider whether their emissions are material. Smaller companies and emerging growth businesses — generally companies with less than $1.2 billion in annual revenues — are exempt.
Part of the impetus for the rule was to standardize climate disclosures. Though many companies already publicly report information about their emissions and climate-related risks, they do so sporadically, using different methodologies, adopting different formats, and publishing across different forums. Steven Rothstein, a managing director at the nonprofit Ceres, once told me it was like a “climate ‘Tower of Babel.’”
The final rule will still create a more formal, consistent, public reporting system for this information. But the picture it provides to investors will be incomplete. “By shifting to a materiality standard, they are leaving a huge gap in the information available to investors and the public,” Kathy Fallon, the director of land and climate at the Clean Air Task Force told me. “That's going to hurt companies and the climate in the long run.”
This wasn’t entirely unexpected. The original proposal ignited a firestorm from Republican attorneys general and business groups accusing the SEC of trying to pass back-door climate regulations, overstepping its role, and saddling companies with burdensome reporting costs. The Commission received more than 20,000 comments on the proposal, more than any rule in its history. As the pressure grew, reports emerged that the Commission planned to remove a requirement that companies tally up and report a third category of their emissions, known as scope 3, which includes those associated with their supply chains and the use of their products. Then last week, Reuters reported that the SEC would also soften the requirements for disclosing scope 1 and 2 emissions by subjecting them to this materiality test.
Before the vote on Wednesday, Erik Gerding, director of the SEC’s division of corporation finance, emphasized that the final rule struck an “appropriate balance” between investor demand for more consistent, comparable, information about climate-related risks, and “the concerns expressed by many companies and commenters about the potential costs of the proposed rules.”
The Commission voted along party lines, with Democratic chair Gary Gensler and commissioners Caroline Crenshaw and Jaime Lizárraga approving the rule, and Republican commissioners Hester Peirce and Mark Uyeda voting against. But no one appeared satisfied.
Peirce argued that companies were already required to inform investors about material risks and trends, including those related to climate change. She accused the staff of having merely “decorated the final rule with materiality ribbons” while still creating an overly prescriptive rule. “The resulting flood of climate related disclosures will overwhelm investors, not inform them,” she said.
Crenshaw said the rule was a “bare minimum” step forward that would “move a haphazard potpourri of public company disclosures into the Commission's well-developed and standardized filing ecosystem.” But she also worried that it would pass the buck to future commissions to ensure investors are getting the information they actually need. “To be crystal clear, this is not the rule I would have written,” she said. “Today's rule is better for investors than no rule at all, and that's why it has my vote. But while it has my vote, it does not have my unencumbered support.”
There is no specific test to determine whether emissions are considered material. But the climate disclosure rule does discuss some examples of when a company’s scope 1 or scope 2 emissions may be material. One is if there is a transition risk associated with those emissions — for example, if a company anticipates that future regulations would increase their costs. Another is if a company has articulated a climate goal, like an ambition to achieve net-zero emissions, to the public. As with other SEC disclosures subject to a material standard, it will be entirely up to these companies to determine whether their emissions are material, and they will not have to share their analysis with investors.
Experts don’t expect this to lead to a total lack of emissions reporting. If a company fails to disclose its emissions, it could open up the business to fines from the SEC or lawsuits from investors if the information is later determined to be, in fact, material. Many companies, prodded by their lawyers, are likely to play it safe and disclose. “It’s hard to make an argument that scope 1 emissions are not material,” Jameson McLennan, a sustainable finance analyst at BloombergNEF, told me.
But there still may be a spectrum. John Tobin, a professor of practice at Cornell University’s business school and a former managing director of sustainability at Credit Suisse, told me that big, white collar companies like banks and tech companies that don’t directly emit much may not see the need to disclose, whereas manufacturing and industrial companies that directly burn fossil fuels to produce their products, absolutely should. That being said, those white collar businesses should still consider their scope 2 emissions material, Tobin said, as they tend to use a substantial amount of electricity and could be at risk of cost increases if regulations change.
Where Tobin thinks the rule really falls short is in lacking requirements to disclose certain kinds of scope 3 emissions — particularly upstream supply chain emissions. Why would an investor care more about the emissions from the electricity Toyota uses than the emissions from the steel it buys? The latter is more likely to pose a significant risk to the company’s business due to carbon regulations. “A lot of the emissions associated with industrial activity have very little to do with electricity,” he told me.
By telling companies they only have to report emissions that are material, the Commission is essentially saying that a company’s emissions are not inherently material to an investor’s understanding of risk. Allowing companies to opt out of emissions reporting “misses the whole point of climate disclosures,” said Fallon. “The whole point is to make available the information that investors want, not just the information that companies want to give.” Investors want to know how exposed a company may be to changes in climate policies, energy prices, or shifts in consumer sentiments.
At the same time, tying the list of required disclosures to a materiality test could be what ultimately preserves the rule when it inevitably ends up in court. Many groups have already threatened to sue the commission if it exceeds its legal authority. These include the National Association of Manufacturers.
“The NAM has been clear that a failure to bring the rule back within the agency’s statutory authority could invite legal action. On the other hand, a balanced, workable rule could obviate the need for litigation,” said the group’s vice president of domestic policy, Charles Crain.
The rule will still likely surface valuable information for investors and others keen to get their hands on more consistent, comparable data about certain companies’ emissions and vulnerability to climate change. But it will also leave huge reporting gaps that dilute the overall utility of that information.
“The fact that the SEC is providing uniform requirements for reporting is still an improvement upon what we had before,” said Fallon. “But the final rule doesn’t go far enough to give investors the information they need to make informed decisions.”
Editor’s note: This story has been updated to reflect the result of the SEC’s vote.
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And for his energy czar, Doug Burgum.
When Trump enters the Oval Office again in January, there are some climate change-related programs he could roll back or revise immediately, some that could take years to dismantle, and some that may well be beyond his reach. And then there’s carbon capture and storage.
For all the new regulations and funding the Biden administration issued to reduce emissions and advance the clean energy economy over the past four years, it did little to update the regulatory environment for carbon capture and storage. The Treasury Department never clarified how the changes to the 45Q tax credit for carbon capture under the Inflation Reduction Act affect eligibility. The Department of Transportation has not published its proposal for new safety rules for pipelines that transport carbon dioxide. And the Environmental Protection Agency has yet to determine whether it will give Texas permission to regulate its own carbon dioxide storage wells, a scenario that some of the state’s own representatives advise against.
That means, as the BloombergNEF policy associate Derrick Flakoll put it in an analysis published prior to the election, “the next administration and Congress will encounter a blank canvas of carbon capture infrastructure rules they can shape freely.”
Carbon capture is unique among climate technologies because it is, in most cases, a pure cost with no monetizable benefit. That means the policy environment — that great big blank canvas — is essential to determining which projects actually get built and whether the ones that do are actually useful for fighting climate change.
The next administration may or may not decide to take an interest in carbon capture, of course, but there’s reason to expect it will. Doug Burgum, Trump’s pick for the Department of the Interior who will also head up a new National Energy Council, has been a vocal supporter of carbon capture projects in his home state of North Dakota. Although Trump’s team will be looking for subsidies to cut in order to offset the tax breaks he has promised, his deep-pocketed supporters in the oil and gas industry who have made major investments in carbon capture based, in part, on the 45Q tax credit, will not want to see it on the chopping block. And carbon capture typically enjoys bipartisan support in Congress.
Congress first created the carbon capture tax credit in 2008, under the auspices of cleaning up the image of coal plants. Lawmakers updated the credit in 2018, and then again in 2022 with the Inflation Reduction Act, each iteration increasing the credit amount and expanding the types of projects that are eligible. Companies can now get up to $85 for every ton of CO2 captured from an industrial plant and sequestered underground, and $180 for every ton captured directly from the air. Combined with grants and loans in the 2021 Bipartisan Infrastructure Law, the changes have driven a surge in carbon capture and storage projects in the United States. More than 150 projects have been announced since the start of 2022, according to a database maintained by the International Energy Agency, compared to fewer than 100 over the four years prior.
Many of these projects are notably different from what has been proposed and tried in the past. Historically in the U.S., carbon capture has been used on coal-fired power plants, ethanol refineries, and at natural gas processing facilities, and almost all of the captured gas has been pumped into aging oil fields to help push more fuel out of the ground. But the new policy environment spurred at least some proposals in industries with few other options to decarbonize, including cement, hydrogen, and steel production. It also catalyzed projects that suck carbon directly from the air, versus capturing emissions at the source. Most developers now say they plan to sequester captured carbon underground rather than use it to drill for oil.
Only a handful of projects are actually under construction, however, and the prospects for others reaching that point are far from guaranteed. Inflation has eroded the value of the 45Q tax credit, Madelyn Morrison, the government affairs director for the Carbon Capture Coalition, told me. “Coupled with that, project deployment costs have really skyrocketed over the past several years. Some folks have said that equipment costs have gone up upwards of 50%,” she said.
Others aren’t sure whether they’ll even qualify, Flakoll told me. “There is a sort of shadow struggle going on over how permissive the credit is going to be in practice,” he said. For example, the IRA says that power plants have to capture 75% of their baseline emissions to be eligible, but it doesn’t specify how to calculate those baseline emissions. The Treasury solicited input on these questions and others shortly after the IRA passed. Comments raised concerns about how projects that share pipeline infrastructure should track and report their carbon sequestration claims. Environmental groups sought updates to the reporting and verification requirements to prevent taxpayer money from funding false or inflated claims. A 2020 investigation by the inspector general for tax administration found that during the first decade of the program, nearly $900 billion in tax credits were claimed for projects that did not comply with EPA reporting requirements. But the Treasury never followed up its request for comment with a proposed rule.
Permitting for carbon sequestration sites has also lagged. The Environmental Protection Agency has issued final permits for just one carbon sequestration project over the past four years, with a total of two wells. Fifty-five applications are currently under review.
Carbon dioxide pipeline projects have also faced opposition from local governments and landowners. In California, where lawmakers have generally supported the use of carbon capture for achieving state climate goals, and where more than a dozen projects have been announced, the legislature placed a moratorium on CO2 pipeline development until the federal government updates its safety regulations.
The incoming Congress and presidential administration could clear away some of these hurdles. Congress is already expected to get rid of or rewrite many of the IRA’s tax credit programs when it opens the tax code to address other provisions that expire next year. The Carbon Capture Coalition and other proponents are advocating for another increase to the value of the 45Q tax credit to adjust it for inflation. Trump’s Treasury department will have free rein to issue rules that make the credit as cheap and easy as possible to claim. The EPA, under new leadership, could also speed up carbon storage permitting or, perhaps more likely, grant primacy over permitting to the states.
But other Trump administration priorities could end up hurting carbon capture development. The projects with the surest path forward are the ones with the lowest cost of capture and multiple pathways for revenue generation, Rohan Dighe, a research analyst at Wood Mackenzie told me. For example, ethanol plants emit a relatively pure stream of CO2 that’s easy to capture, and doing so enables producers to access low-carbon fuel markets in California and Washington. Carbon capture at a steel plant or power plant is much more difficult, by contrast, as the flue gas contains a mix of pollutants.
On those facilities, the 45Q tax credit is too low to justify the cost, Dighe said, and other sources of revenue such as price premiums for green products are uncertain. “The Trump administration's been pretty clear in terms of wanting to deregulate, broadly speaking,” Dighe said, pointing to plans to axe the EPA’s power plant rules and the Securities and Exchange Commission’s climate disclosure requirements. “So those sorts of drivers for some of these projects moving forward are going to be removed.”
That means projects will depend more on voluntary corporate sustainability initiatives to justify investment. Does Amazon want to build a data center in West Texas? Is it willing to pay a premium for clean electricity from a natural gas plant that captures and stores its carbon?
But the regulatory environment still matters. Flakoll will be watching to see whether lax monitoring and reporting rules for carbon capture, if enacted, will hurt trust and acceptance of carbon capture projects to the point that companies find it difficult to find buyers for their products or insurance companies to underwrite them.
“There will be a more of a policy push for [CCS] to enter the market,” Flakoll said. “But it takes two to tango, and there's a question of how much the private sector will respond to that.”
What he wants them to do is one thing. What they’ll actually do is far less certain.
Donald Trump believes that tariffs have almost magical power to bring prosperity; as he said last month, “To me, the world’s most beautiful word in the dictionary is tariffs. It’s my favorite word.” In case anyone doubted his sincerity, before Thanksgiving he announced his intention to impose 25% tariffs on everything coming from Canada and Mexico, and an additional 10% tariff on all Chinese goods.
This is just the beginning. If the trade war he launched in his first term was haphazard and accomplished very little except costing Americans money, in his second term he plans to go much further. And the effects of these on clean energy and climate change will be anything but straightforward.
The theory behind tariffs is that by raising the price of an imported good, they give a stronger footing in the market; eventually, the domestic producer may no longer need the tariff to be competitive. Imposing a tariff means we’ve decided that a particular industry is important enough that it needs this kind of support — or as some might call it, protection — even if it means higher prices for a while.
The problem with across-the-board tariffs of the kind Trump proposes is that they create higher prices even for goods that are not being produced domestically and probably never will be. If tariffs raise the price of a six-pack of tube socks at Target from $9.99 to $14.99, it won’t mean we’ll start making tube socks in America again. It just means you’ll pay more. The same is often true for domestic industries that use foreign parts in their manufacturing: If no one is producing those parts domestically, their costs will unavoidably rise.
The U.S. imported over $3 trillion worth of goods in 2023, and $426 billion from China alone, so Trump’s proposed tariffs would represent hundreds of billions of dollars of increased costs. That’s before we account for the inevitable retaliatory tariffs, which is what we saw in Trump’s first term: He imposed tariffs on China, which responded by choking off its imports of American agricultural goods. In the end, the revenue collected from Trump’s tariffs went almost entirely to bailing out farmers whose export income disappeared.
The past almost-four years under Joe Biden have seen a series of back-and-forth moves in which new tariffs were announced, other tariffs were increased, exemptions were removed and reinstated. For instance, this May Biden increased the tariff on Chinese electric vehicles to over 100% while adding tariffs on certain EV batteries. But some of the provisions didn’t take effect right away, and only certain products were affected, so the net economic impact was minimal. And there’s been nothing like an across-the-board tariff.
It’s reasonable to criticize Biden’s tariff policies related to climate. But his administration was trying to navigate a dilemma, serving two goals at once: reducing emissions and promoting the development of domestic clean energy technology. Those goals are not always in alignment, at least in the short run, which we can see in the conflict within the solar industry. Companies that sell and install solar equipment benefit from cheap Chinese imports and therefore oppose tariffs, while domestic manufacturers want the tariffs to continue so they can be more competitive. The administration has attempted to accommodate both interests with a combination of subsidies to manufacturers and tariffs on certain kinds of imports — with exemptions peppered here and there. It’s been a difficult balancing act.
Then there are electric vehicles. The world’s largest EV manufacturer is Chinese company BYD, but if you haven’t seen any of their cars on the road, it’s because existing tariffs make it virtually impossible to import Chinese EVs to the United States. That will continue to be the case under Trump, and it would have been the case if Kamala Harris had been elected.
On one hand, it’s important for America to have the strongest possible green industries to insulate us from future supply shocks and create as many jobs-of-the-future as possible. On the other hand, that isn’t necessarily the fastest route to emissions reductions. In a world where we’ve eliminated all tariffs on EVs, the U.S. market would be flooded with inexpensive, high-quality Chinese EVs. That would dramatically accelerate adoption, which would be good for the climate.
But that would also deal a crushing blow to the American car industry, which is why neither party will allow it. What may happen, though, is that Chinese car companies may build factories in Mexico, or even here in the U.S., just as many European and Japanese companies have, so that their cars wouldn’t be subject to tariffs. That will take time.
Of course, whatever happens will depend on Trump following through with his tariff promise. We’ve seen before how he declares victory even when he only does part of what he promised, which could happen here. Once he begins implementing his tariffs, his administration will be immediately besieged by a thousand industries demanding exemptions, carve-outs, and delays in the tariffs that affect them. Many will have powerful advocates — members of Congress, big donors, and large groups of constituents — behind them. It’s easy to imagine how “across-the-board” tariffs could, in practice, turn into Swiss cheese.
There’s no way to know yet which parts of the energy transition will be in the cheese, and which parts will be in the holes. The manufacturers can say that helping them will stick it to China; the installers may not get as friendly an audience with Trump and his team. And the EV tariffs certainly aren’t going anywhere.
There’s a great deal of uncertainty, but one thing is clear: This is a fight that will continue for the entirety of Trump’s term, and beyond.
Give the people what they want — big, family-friendly EVs.
The star of this year’s Los Angeles Auto Show was the Hyundai Ioniq 9, a rounded-off colossus of an EV that puts Hyundai’s signature EV styling on a three-row SUV cavernous enough to carry seven.
I was reminded of two years ago, when Hyundai stole the L.A. show with a different EV: The reveal of Ioniq 6, its “streamliner” aerodynamic sedan that looked like nothing else on the market. By comparison, Ioniq 9 is a little more banal. It’s a crucial vehicle that will occupy the large end of Hyundai's excellent and growing lineup of electric cars, and one that may sell in impressive numbers to large families that want to go electric. Even with all the sleek touches, though, it’s not quite interesting. But it is big, and at this moment in electric vehicles, big is what’s in.
The L.A. show is one the major events on the yearly circuit of car shows, where the car companies traditionally reveal new models for the media and show off their whole lineups of vehicles for the public. Given that California is the EV capital of America, carmakers like to talk up their electric models here.
Hyundai’s brand partner, Kia, debuted a GT performance version of its EV9, adding more horsepower and flashy racing touches to a giant family SUV. Jeep reminded everyone of its upcoming forays into full-size and premium electric SUVs in the form of the Recon and the Wagoneer S. VW trumpeted the ID.Buzz, the long-promised electrified take on the classic VW Microbus that has finally gone on sale in America. The VW is the quirkiest of the lot, but it’s a design we’ve known about since 2017, when the concept version was revealed.
Boring isn’t the worst thing in the world. It can be a sign of a maturing industry. At auto shows of old, long before this current EV revolution, car companies would bring exotic, sci-fi concept cars to dial up the intrigue compared to the bread-and-butter, conservatively styled vehicles that actually made them gobs of money. During the early EV years, electrics were the shiny thing to show off at the car show. Now, something of the old dynamic has come to the electric sector.
Acura and Chrysler brought wild concepts to Los Angeles that were meant to signify the direction of their EVs to come. But most of the EVs in production looked far more familiar. Beyond the new hulking models from Hyundai and Kia, much of what’s on offer includes long-standing models, but in EV (Chevy Equinox and Blazer) or plug-in hybrid (Jeep Grand Cherokee and Wrangler) configurations. One of the most “interesting” EVs on the show floor was the Cybertruck, which sat quietly in a barely-staffed display of Tesla vehicles. (Elon Musk reveals his projects at separate Tesla events, a strategy more carmakers have begun to steal as a way to avoid sharing the spotlight at a car show.)
The other reason boring isn’t bad: It’s what the people want. The majority of drivers don’t buy an exotic, fun vehicle. They buy a handsome, spacious car they can afford. That last part, of course, is where the problem kicks in.
We don’t yet know the price of the Ioniq 9, but it’s likely to be in the neighborhood of Kia’s three-row electric, the EV9, which starts in the mid-$50,000s and can rise steeply from there. Stellantis’ forthcoming push into the EV market will start with not only pricey premium Jeep SUVs, but also some fun, though relatively expensive, vehicles like the heralded Ramcharger extended-range EV truck and the Dodge Charger Daytona, an attempt to apply machismo-oozing, alpha-male muscle-car marketing to an electric vehicle.
You can see the rationale. It costs a lot to build a battery big enough to power a big EV, so they’re going to be priced higher. Helpfully for the car brands, Americans have proven they will pay a premium for size and power. That’s not to say we’re entering an era of nothing but bloated EV battleships. Models such as the overpowered electric Dodge Charger and Kia EV9 GT will reveal the appetite for performance EVs. Smaller models like the revived Chevy Bolt and Kia’s EV3, already on sale overseas, are coming to America, tax credit or not.
The question for the legacy car companies is where to go from here. It takes years to bring a vehicle from idea to production, so the models on offer today were conceived in a time when big federal support for EVs was in place to buoy the industry through its transition. Now, though, the automakers have some clear uncertainty about what to say.
Chevy, having revealed new electrics like the Equinox EV elsewhere, did not hold a media conference at the L.A. show. Ford, which is having a hellacious time losing money on its EVs, used its time to talk up combustion vehicles including a new version of the palatial Expedition, one of the oversized gas-guzzlers that defined the first SUV craze of the 1990s.
If it’s true that the death of federal subsidies will send EV sales into a slump, we may see messaging from Detroit and elsewhere that feels decidedly retro, with very profitable combustion front-and-center and the all-electric future suddenly less of a talking point. Whatever happens at the federal level, EVs aren’t going away. But as they become a core part of the car business, they are going to get less exciting.