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 This is the accessible text file for GAO report number GAO-04-1019R entitled 'Environmental Disclosure: Briefing on GAO's Findings and Recommendations' which was released on August 04, 2004. This text file was formatted by the U.S. Government Accountability Office (GAO) to be accessible to users with visual impairments, as part of a longer term project to improve GAO products' accessibility. Every attempt has been made to maintain the structural and data integrity of the original printed product. Accessibility features, such as text descriptions of tables, consecutively numbered footnotes placed at the end of the file, and the text of agency comment letters, are provided but may not exactly duplicate the presentation or format of the printed version. The portable document format (PDF) file is an exact electronic replica of the printed version. We welcome your feedback. Please E-mail your comments regarding the contents or accessibility features of this document to Webmaster@gao.gov. This is a work of the U.S. government and is not subject to copyright protection in the United States. It may be reproduced and distributed in its entirety without further permission from GAO. Because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. 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):

The Justia Government Accountability Office site republishes public reports retrieved from the U.S. GAO These reports should not be considered official, and do not necessarily reflect the views of Justia.