Environmental Disclosure
Briefing on GAO's Findings and Recommendations
Gao ID: GAO-04-1019R August 4, 2004
The Securities and Exchange Commission's (SEC) primary mission is to protect investors and the integrity of securities markets. Among other things, SEC regulations require companies to file reports with SEC disclosing information that would be considered "material" to a reasonable investor. A matter is material if there is a substantial likelihood that a reasonable person would consider it important. Environmental risks and liabilities are among the conditions that, if undisclosed, could impair the public's ability to make sound investment decisions. For example, the discovery of extensive hazardous waste contamination at company-owned facilities could expose a company to hundreds of millions of dollars in cleanup costs, while impending environmental regulations could affect a company's future financial position if the company were required to shut down plants or invest in expensive new technology. To monitor companies' disclosures, SEC reviews their filings and issues comment letters requesting revisions or additional information, if needed. Although the Environmental Protection Agency (EPA) does not have a direct role in monitoring environmental disclosures, the agency notifies companies of potential disclosure obligations and periodically shares relevant information with SEC. The report addresses (1) key stakeholders' views on how well SEC has defined the requirements for environmental disclosure, (2) the extent to which companies are disclosing such information in their SEC filings, (3) the adequacy of SEC's efforts to monitor and enforce compliance with the disclosure requirements, and (4) experts' suggestions for increasing and improving environmental disclosure.
GAO-04-1019R, Environmental Disclosure: Briefing on GAO's Findings and Recommendations
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August 4, 2004:
The Honorable Jon S. Corzine:
United States Senate:
Subject: Environmental Disclosure: Briefing on GAO's Findings and
Recommendations:
Dear Senator Corzine:
The Securities and Exchange Commission's (SEC) primary mission is to
protect investors and the integrity of securities markets. Among other
things, SEC regulations require companies to file reports with SEC
disclosing information that would be considered "material" to a
reasonable investor. A matter is material if there is a substantial
likelihood that a reasonable person would consider it important.
Environmental risks and liabilities are among the conditions that, if
undisclosed, could impair the public's ability to make sound investment
decisions. For example, the discovery of extensive hazardous waste
contamination at company-owned facilities could expose a company to
hundreds of millions of dollars in cleanup costs, while impending
environmental regulations could affect a company's future financial
position if the company were required to shut down plants or invest in
expensive new technology. To monitor companies' disclosures, SEC
reviews their filings and issues comment letters requesting revisions
or additional information, if needed. Although the Environmental
Protection Agency (EPA) does not have a direct role in monitoring
environmental disclosures, the agency notifies companies of potential
disclosure obligations and periodically shares relevant information
with SEC.
This letter formally transmits to you the slides we used to provide a
briefing on issues related to the disclosure of environmental
information in SEC filings at a symposium on July 15, 2004, sponsored
by you; Senators Lautenberg, Lieberman, McCain, and Nelson; and
Representatives Blumenauer, Doggett, Markey, Michaud, Olver, Pallone,
Payne, and Solis. (See enclosure I.) The briefing was based on our
recent report, Environmental Disclosure: SEC Should Explore Ways to
Improve Tracking and Transparency of Information (GAO-04-808, July 14,
2004). The report addresses (1) key stakeholders' views on how well SEC
has defined the requirements for environmental disclosure, (2) the
extent to which companies are disclosing such information in their SEC
filings, (3) the adequacy of SEC's efforts to monitor and enforce
compliance with the disclosure requirements, and (4) experts'
suggestions for increasing and improving environmental disclosure. Our
review of these issues was conducted in accordance with generally
accepted government auditing standards.
We are sending copies of this letter to the Chairman of SEC; the
Administrator, EPA; and to other interested parties. The letter will
also be available at no charge on GAO's Web site at http://www.gao.gov.
Please call me at (202) 512-3841 if you or your staff have any
questions. Major contributors are listed in enclosure II.
Sincerely yours,
Signed by:
John B. Stephenson:
Director, Natural Resources and Environment:
Enclosures - 2:
Enclosure I:
[See PDF for images]
[End of slide presentation]
Enclosure II: GAO Contacts and Staff Acknowledgments:
GAO ContactsJohn B. Stephenson, (202) 512-3841:
Ellen Crocker, (617) 788-0580:
Staff AcknowledgmentsIn addition to the individuals named above,
Kate Bittinger, Mark Braza, Stephen Cleary, Evan Gilman, Kevin Jackson,
Rich Johnson, Les Mahagan, Tom Melito, Lynn Musser, Cynthia Norris, and
Judy Pagano made key contributions to this report.
(360506):