Climate-Related Financial Risk 2021: Financial Stability Oversight Council Report

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Financial Stability Oversight Council (“FSOC”) issued a document on October 21st titled:

Report on Climate-Related Financial Risk 2021 (“Report”)

The Report was issued in response to the Biden Administration’s Executive Order 14030 titled “Climate-Related Financial Risk”.

The FSOC was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Its assigned tasks include:

  • Identifying risks to the financial stability of the United States
  • Promoting market discipline
  • Responding to emerging risks to the stability of the United States’ financial system

Report recommendations include:

  • Assess climate-related financial risks to financial stability, including through scenario analysis, and evaluate the need for new or revised regulations or supervisory guidance to account for climate-related financial risks;
  • Enhance climate-related disclosures to give investors and market participants the information they need to make informed decisions, which will also help regulators and financial institutions assess and manage climate-related risks;
  • Enhance actionable climate-related data to allow better risk measurement by regulators and in the private sector; and
  • Build capacity and expertise to ensure that climate-related financial risks are identified and managed.

The Report provides examples of activities already being undertaken which include:

  • The Securities and Exchange Commission (SEC) has begun to evaluate its disclosure rules and requested public comment on ways to improve climate disclosure.
  • The Federal Reserve Board (FRB) has established two committees to develop a better understanding of climate-related risks and incorporate them into its supervision of financial firms and into its financial stability framework.
  • The Commodities Futures Trading Commission (CFTC) has engaged on climate-related financial risk issues through its Market Risk Advisory Committee (MRAC). In September 2020, the MRAC’s climate subcommittee issued a report entitled Managing Climate Risk in the U.S. Financial System, with recommendations to address the growing impact of climate-related financial risk.
  • Both the Federal Housing Financing Agency (FHFA) and the Treasury Department’s Federal Insurance Office have requested information on climate-related financial risks from the public to inform their activities

A link to the report can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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