Oregon Law Review : Vol. 88 No. 2, p.581-620 : Implementing Corporate Climate Change Responsibility: Possible State Legislative and SEC Responses to Climate Change Through Corporate Law Reform
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Date
2009
Authors
Torbitt, Alison
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
In Part I, this Comment explores a recent corporate perspective
termed climate change responsibility, which examines the connection
between corporations and climate change, and the litigation risks
faced by businesses that choose the responsible alternative. Building
on this baseline, this Comment examines two potential state
legislative methods to allow for climate change disclosure. First, Part
II investigates a strategy of mandatory state corporate law
modification requiring detailed greenhouse gas emissions disclosure
and mitigation that is unlikely to be passed due to a race to the
bottom. Part III then surveys a policy of optional state modification
of authorization and constituency provisions, including a successfully
passed Oregon model, which implements general support for
increased environmental responsibility that, while optional, is more
likely to be enacted. Moving to federal law, Part IV looks at the
drafting and implementation of guidelines detailing both the scope
and form for greenhouse gas emissions disclosures by the SEC to
reinterpret the existing disclosure requirements in light of climate
change responsibility.
Description
40 p.
Keywords
Climatic changes -- Law and legislation, Climate change