The Securities and Exchange Commission (the “SEC”) has adopted new rules that require public companies to disclose substantial information about the material impacts of climate-related risks on their business, financial condition, and governance (the “Final Rules”). The SEC says that “climate-related risks, their impacts, and a public company’s response to those risks can significantly affect
Matthew Bisanz
NYDFS Finalizes Climate Risk Management Guidance
On December 21, 2023, the New York Department of Financial Services (“NYDFS”) finalized guidance on how the banks and mortgage institutions it regulates (“New York Institutions”) should manage climate-related financial and operational risks (the “Guidance”). The Guidance establishes extensive obligations for New York Institutions, which—even if tailored by the state to be proportionate to size…
Climate Risk Management Principles Finalized by US Banking Regulators
On October 24, 2023, the US federal banking regulators finalized interagency principles for the effective management and supervision of climate-related financial risks (the “Climate Principles”).1 The Climate Principles are targeted at larger banking organizations and are intended to convey consistent supervisory expectations regarding how climate-related financial risks should be managed.
The US federal banking…
NCUA Considers Climate Change Expectations for Credit Unions
The National Credit Union Administration (“NCUA”) has requested comment (the “RFI”) on how climate and natural disaster risks may affect federally insured credit unions, their members, and the National Credit Union Share Insurance Fund. The RFI indicates that the NCUA may use the results of the RFI to develop regulatory and…
Federal Reserve Continues Research on Climate Risk
On April 7, 2023, the Federal Reserve Bank of New York released two staff reports on climate-related risks for financial institutions. While the staff reports do not suggest or impose legal requirements, they provide financial institutions with insights on banking regulators’ positions on climate-related risk management requirements and current industry practices. In this Legal Update…
US Federal Reserve Launches Climate Scenario Analysis Exercise
On January 17, 2023, the Board of Governors of the Federal Reserve System (“Federal Reserve”) launched its pilot climate scenario analysis exercise (“CSA”) by publishing instructions for the six US banking organizations that will participate.
As part of the CSA, participating organizations will submit data templates, supporting documentation, and responses to qualitative questions to the…
Climate Action and Banks: Review of Climate Action Plans Released by US Federal Reserve
In January 2023, the Board of Governors of the Federal Reserve System released a report that reviews the climate action plans of global systemically important banks (“G-SIBs”) and summarizes the progress they are making toward achieving them (“Climate Action Report”).[1] As discussed below, the Climate Action Report can be an useful tool for banks that are developing sustainable financing products and climate risk management processes because it identifies key peer behaviors and widely used resources.Continue Reading Climate Action and Banks: Review of Climate Action Plans Released by US Federal Reserve
Hidden in Plain Sight: BCBS Discovers Climate Capital and Liquidity Requirements in Existing Rulebook
On December 8, 2022, the Basel Committee on Banking Supervision (“BCBS”) released guidance to clarify how climate-related financial risks may be captured in existing capital and liquidity requirements for banking organizations (“Climate FAQs”). The Climate FAQs are noteworthy because they indicate that standard setters believe climate-related financial risks should be included in bank capital requirements and…
Climate Scenario Analysis Exercise Announced by US Federal Reserve
Banking organizations should take note of an announcement last week by the Board of Governors of the Federal Reserve System that it would conduct a climate scenario analysis exercise with six of the largest US banking organizations. This Legal Update provides further detail on this exercise.
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Principles for US ESG Regulation Released by American Bankers Association
On June 23, 2022, the American Bankers Association and 51 state bankers associations released a letter to the federal financial regulators that describes principles the regulators should use when developing guidance and regulations on ESG issues (“Industry Letter”). These principles reflect the industry’s view on how the government can maintain a free-market financial system that also…