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Climate Change Blog

SEC Staff Permits “Micro-Management” Argument to Exclude Climate Change Proposals

During the 2018 proxy season, the SEC has been taking a more nuanced, company-friendly approach to certain climate change and environmental protection shareholder proposals. Specifically, the Commission recently concurred with the exclusion of several climate change shareholder proposals on the grounds that they sought to “micro-manage” the company under the “ordinary business” exception to Rule 14a-8.

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ExxonMobil Releases Climate Change Report, Following Similar Reports by Chevron, Shell, and Others

In response to a shareholder proposal that received a majority vote in 2017, ExxonMobil released Energy & Carbon Summary: Positioning for a Lower-Carbon Energy Future, a report outlining the potential impacts of climate change on ExxonMobil’s business through 2040.

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  • 22
  • March
  • 2018

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Ninth Circuit Denies Petition for Writ of Mandamus in Climate Litigation — Suit Continues

On March 7, 2018, a three-judge panel of the Ninth U.S. Circuit Court of Appeals declined to grant the defendants’ petition for a writ of mandamus in the climate change suit Juliana v. United States. The government defendants asked the district court to dismiss the suit and sought mandamus relief when the district court denied the motion to dismiss.

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  • 15
  • February
  • 2018

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Ninth Circuit: We Repeat, Climate Projections for the Year 2100 Okay to Support ESA Listing Decisions

On February 12, 2018, the Ninth Circuit upheld the National Marine Fisheries Service’s use of long-term climate projections to list the Arctic ringed seal (Phoca hispida hispida) as “threatened” under the Endangered Species Act, even though the seal population is currently healthy and abundant and there is no evidence of adverse impacts to the seals from climate change.

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