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The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures

In recent years, the drumbeat for more expansive climate-related corporate disclosures has grown louder and more consistent within a broader swath of the financial community. This intensifying call argues for considering more climate-related information legally material under existing U.S. securities disclosure law. A key component of materiality as defined in U.S. securities law—who is a “reasonable investor”—is evolving when it comes to climate-related information. This evolution may soon impact what climate-related information courts consider material.

Juliana v. United States

The Ninth Circuit reversed a district court ruling that a group of youths had standing to sue the U.S. government for allegedly failing to act on climate change and violating their right to a safe climate. The youths argued that the government violated their constitutional rights under the Fifth and...

Upstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held the U.S. government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the government improperly used their land to retain floodwaters during the hu...