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Unify Your Story: Narrow Your Hero's Struggles to a Single Dilemma
Posted on January 30, 2022 by wallyadmin
The surest sign of a poorly written screenplay is when there are too many stories. Pick a mediocre movie like "The Eternals" and you have so many superheroes and they all have different goals. One Eternal looks like a little kid and wishes to be seen as someone bigger. Another Eternal is in love with the strongest Eternal. Still another Eternal keeps ranting about how they're all going to die.
With so many different types of stories, there's no focus. The end result is that "The Eternals" is one of the weaker Marvel Universe movies made in the last ten years. The solution to writing a unified story is to stay focused on a single problem or dilemma.
There's an interesting indie movie called "Drunk Bus," which is about a young man who has a dead end job driving a bus around a college campus. Since he's driving around college students, they tend to get rowdy and drunk on the bus.
No matter what obstacles facing the hero, the dilemma remains the same. Will the hero start pursuing what he really wants out of life or will he simply accept what he can get?
In "Drunk Bus," the hero faces this dilemma in several different ways:
His girlfriend broke up with him and moved to New York, but he still can't let go of this relationship and hopes he'll get back with her one day.
He's stuck in a dead end job driving a bus around campus and doesn't see a way to get a better job.
He lets other students bully and boss him around.
He's so fixated on his old girlfriend that he fails to see opportunities to meet other girls right in front of his face.
He doesn't do anything fun or interesting because he doesn't know there are other opportunities around him.
All of the hero's problems, whatever form they take, focus on forcing him to either pursue something different and exciting, or just accept what he can get. This dilemma haunts the hero from start to finish until the end, when he finally decides to take a chance and define his own life for a change.
As simple as this may sound, this unified focus on a single dilemma is the foundation of every great story. If you clutter your story with too many goals, none of those goals will be memorable or important. However, if you focus on a single dilemma and constantly show the hero struggling with that dilemma in different situations, then you can create a unified story that hits with a stronger emotional impact in the end.
Pick any great movie and you'll find the hero constantly struggles with a single dilemma from start to finish. In "Casablanca," Rick struggles between avoiding trouble or actively trying to help others. In "Rocky," Rocky struggles between thinking he's a bum to trying to prove to himself and the world that he's not a bum. In "Harold and Maude," Harold struggles with avoiding life or embracing the opportunities of life all around him.
Once you can identify the single emotional dilemma your hero struggles with from start to finish, you'll have a strong foundation for creating the rest of your story.
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How the Hero's Haunted Past Can Keep a Story Emotionally Engaging
Watch a mediocre movie like "The Eternals" or "The 355" and you'll see lots of action. However, all the explosions, car crashes, and gunfire in the world can't hold anyone's attention. What makes a story emotionally engaging is when the hero has a problem from the past that he or she needs to resolve.
Sometimes this haunted past occurs right in the beginning of the story. In "A Quiet Place," a girl hands her little brother a toy that makes noise. Unfortunately, the little boy turns the toy on, attracting the attention of monsters who hunt by sound. When the monster kills the little boy in front of the whole family, everyone is traumatized, and this painful memory helps drive the story forward.
Other times the hero's haunted past gradually leaks out over time, forcing us to piece together this painful past. In "Titanic," Rose is the hero but we gradually learn that she's engaged to a rich man who she doesn't love. To make matters worse, this man is arrogant and domineering, leading Rose to believe she'll be trapped in a loveless marriage.
The hero's haunted past is what really drives a story forward, not more physical action, fighting, and car crashes ("The 355"). By the end of every story, the hero must resolve a problem from the past to emerge as a stronger, better person.
Dealing with this haunted past is what makes a story emotionally engaging because we want to know how the hero will overcome this painful past. In "Casablanca," the big choice with Rick is whether he should use the plane ticket to take Ilsa away and let her husband take the ticket and risk losing Ilsa for good.
Initially, we have no idea why Rick is moody and aloof. Only until we learn his haunted past where he was in love with Ilsa and wanted to leave with her, but she stood him up, do we finally realize the emotional story. Then all the action in the movie supports this emotional story.
So ask yourself what's your hero's haunted past? That's the true driver of your story. Watch a bad movie like "The 355" or "The Spy Who Dumped Me" to see what happens when you lack an engaging haunted past that the hero must strive to resolve and become a better person.
When a story lacks a haunted past to resolve, the story will likely lack an emotional element, which is the sign of a mediocre to bad story.
Study Bad Movies to See What Not to Do
When you watch a great movie, it can inspire you, but can also intimidate you. After all, how can you write something even half as good as a great movie that everyone loves?
Whenever you might feel intimidating or depressed about your chances of writing a great movie, you can cheer yourself up by watching a mediocre or bad movie instead. By seeing a poor movie, you can analyze what went wrong.
Very rarely is the problem of a bad movie the direction, cinematography, or acting. Nearly all of the time the fault lies with the screenplay, or with what the director failed to shoot that the screenplay defined.
The biggest problem with bad movies is that they fail to engage you emotionally. INstead, they focus solely on visual fireworks with stunts, explosions, gunfire, and fighting, but none of it means anything because we never get to know the hero.
The latest failure of a movie is "The 355." This movie, like all bad movies, has an interesting premise in that a group of women spies from around the world (America, England, Columbia, China, and Germany) have to work together to save t he world. The problem is that we never get to know any of these female spies as anything more than 2-dimensional, cardboard figures.
"The 355" offers plenty of action, but what it lacks is making us care about any of the characters. The movie introduces each major character without gaining our sympathy for that character. We simply see each woman going about her day with no clue why we should care what they're doing. Because we don't care what they're doing, we don't know why they do what they do.
Instead, the movie rushes us from one action scene to another with no suspense or logic connecting the multiple action scenes together. Near the end, there's a scene where all the women are in an apartment and suddenly, the villain shows up with an army of men to capture the Chinese woman.
Stupidly, the villain leaves the remaining women unharmed in an apartment conveniently loaded with weapons, ammunition, and explosives. Then the next scene jumps to all the women in the same skyscraper where the villain is holding the Chinese woman hostage. There's no sense of suspense making us wonder how they got there and what they plan to do. There's no sense of worry that if they fail, what might happen to them. There's just that quick jump tot he next action scene so we can see more gunfire, fighting, and explosions to people we don't care about.
The way to write a good movie is not to focus solely on the physical action, but to make us care about that physical action by engaging us emotionally. Why should we care about these people? What's the worst that could happen to these characters emotionally?
Pick a good movie and you'll see that these two questions are easy to answer. In "Back to the Future," Marty (the hero) wants to be a guitarist but doesn't know if he's good enough and doesn't know if he should even bother trying. Because Marty suffers from low self-esteem, which is a feeling we can all relate to, we can easily sympathize and root for Marty to succeed.
Secondly, the worst that could happen to Marty is that he'll never be born if he can't get his parents together. That's a clear fear that Marty must constantly work against, and this constant struggle is what the story is all about.
In comparison, "The 355" never gets us to care about any of the characters. Even worse, we have no idea what's the worst that could happen to any of them. When the worst does happen to them, we don't really care because the people they lose are characters we never cared about in the first place.
Watch "The 355" just to study a bad movie. After seeing "The 355," you can't help but be inspired to write a far better screenplay.
A Big Concept Needs an Emotional Foundation So We Care
Watch any bad movie and you'll almost always find that it had an intriguing idea. "The Layover," which has a rare 0% rating on Rotten Tomatoes, is about two women who fall in love with the same man when their flight is delayed overnight. That's actually an interesting idea as the two women, who are friends, both try to win the affection of the same man.
Where "The Layover" falls apart is that it completely lacks any emotional foundation to make us care about either woman so we can understand their motivations and their conflict between wanting a man and wanting to be friends with each other. Instead, "The Layover" strives for cheap laughs with a woman falling into a toilet and a food fight in a hotel dining area. By the end of the story, we still fail to care about either woman as unique people.
The latest big concept that failed is "The 355," which is an action thriller involving multiple spies from different countries who have to team up and work together. The unique twist isn hat each of these spies is a woman.
Unfortunately, that unique idea is about the only thing unique about this movie. Once again, the lack of caring about any of the woman as people with emotions, desires, and dreams takes a back seat to special effects, gunfire, and explosions. In other words, the movie just relies on mindless action instead of telling a compelling story.
Every screenplay needs a great concept to grab someone's attention, but then it must back up that great concept with an equally great emotional story.
Pick a great movie like "Back to the Future." The concept is intriguing about a teenager who accidentally gets sent into the past and has to bring his mother and father together or else he'll never be born. What made "Back to the Future" interesting is that it's also about the hero learning to stand up for himself and gina confidence. In the process of struggling to achieve his goal of getting his parents together and getting back home to his own time, he has lots of amusing adventures, but those adventures exist as stepping stones to his goal.
On the other hand, movies like "The 355" use action just for the sake of action. There's little intrigue and even less need for so much pointless action that doesn't help move the story forward.
When study both good and bad movies, notice that they all have potentially great concepts. It's the execution that falls flat. A great concept alone can't carry a story. You always need a compelling emotional story to go along with a great concept or else you'll wind up with yet another failed movie like "The Layover" or "The 355."
Establish a Relationship and Make Us Care
Here's a common mistake novice screenwriters make all the time. They describe a scene where someone gets killed right away. This technique was actually used in "The Phantom Menace" when a shuttle craft lands and immediately a bomb explodes, killing a woman who looks like a queen.
The problem with this scene is that we don't know who this person is and we don't know what's going on. As a result, no matter how interesting the explosion might be, we simply don't care. The reason we don't care is because we don't know who this person is or why we should care about them.
Imagine a news story that says a teenage girl died when she was hit by a cat. While you might be sad that a teenage girl died, there's little emotion because you don't know who this girl is, her relationship with other people, or even what happened.
If the purpose of telling a story about a teenage girl dying is supposed to horrify us, then start by creating a completely different emotion to contrast with this horrifying death. Suppose this teenage girl was in a car, arguing with her mother about the direction of her life.
Right away, we're curious because a teenage girl is fighting with her mother and we want to know who we should side with. Perhaps he teenage girl is complaining that the mother is smothering her life but the mother thinks she's being protective. Now this fight is a little more interest because we know who's fighting, why, and their relationship to each other.
Remember, contrast makes everything sharper. Display a black item against a white background and it looks darker. Likewise, if you want to make an emotion feel stronger, find its contrast.
In the example of a teenage girl arguing with her mother, we might see the teenage girl declaring that she's old enough to control her own life and the mother might tell her daughter to prove it by getting out of the car right now. Then the teenage girl could jump out of the car while it's stopped at an intersection, but the moment she steps out of the car, a speeding car zooms by and kills her.
That's ironic because the teenage girl just claimed she could control her own life and by her actions, she inadvertently ended it. That creates far greater emotional impact than just seeing somebody get hit by a cat who we know nothing about.
In your own screenplays, identify the emotional impact you want your scene to provide. Then find a way to contrast that emotion with a different feeling.
In this example of the teenage girl getting killed by a car, the argument that she's old enough and smart enough to control her own life is cut short ironically by her getting hit by a car.
Another way tow rite this scene is to have the mother declare that she knows what's best for her daughter. When she stops he car, she orders her daughter to get out of the car and go inside a store to pick up some items. The daughter steps out of the car — and gets killed by a speeding car.
Once again, irony makes this emotional impact stronger. Here we thought the mother won the argument by claiming she knows what's best for her daughter, yet the mother's actions inadvertently killed the daughter.
When writing any scene, search for irony to enhance the emotions. When you do that, you may be delighted at how a little irony can go a long way towards making your screenplay far more emotionally compelling.
State the Main Problem Right From the Start
Every story is about solving a single problem. That main problem must be clear and unsolved until the very end. If this main problem isn't clear right from the start, the rest of the story won't seem to make any sense.
In "Die Hard," the main problem is that the hero wants to get back with his wife. Thus all the actions the hero takes are directed towards trying to get back with his wife.
In "It's a Wonderful Life," the hero wants to leave his town and see the world. Thus all his actions are about struggling to leave his town.
In WALL-E," the hero wants to find somebody to love. Thus all his actions are about finding someone to love and getting back together with them.
Every romantic comedy 's main problem is that two people want to find true love. By the end, they finally find it.
Your story's main problem must be clear aright in the beginning. Then the end must show whether the hero achieved his or her goal. Everything else is all about trying to achieve that main goal or not.
Pick any great movie and you'll find that a main problem or goal to achieve acts like a backbone for the rest of the story. Notice that in "Star Wars," Luke's main problem is that he wants to live an adventure. By the end of the story, we realize he finally achieved his adventure by saving a princess and defeating a villain.
At the very least, state your story's main problem and then define whether the hero overcomes this problem. If a story fails to present a clear problem or goal to achieve, the rest of the story can't help but be muddled and confusing.
Main problem presented -> Main problem resolved in one way or another
A single clear problem is the foundation of your story. Make sure it's clear what the problem or goal is in the beginning. Then make sure it's clear at the end whether the hero achieved that goal or overcame that problem.
Create and Maintain a Consistent Audience Experience in Every Scene
Posted on January 6, 2022 by wallyadmin
One way to look at a story is to imagine it as a video game. In a video game, the challenges get progressively tougher, but the overall challenges are mostly the same. For example, a simple game like Donkey Kong is all about climbing levels to rescue a girl from a gorilla, all the while doing barrels being thrown or rolled down the levels.
A movie screenplay must tell a story like that as well. Think of "Die Hard" where all the action is about the hero battling an army of terrorists. At first the hero defeats the terrorists fairly easily using a pistol. Then the terrorists start hunting him down, but each battle is still mostly about one man fighting an army of terrorists.
The basic conflict remains the same (fighting terrorists) but how the hero does this varies from using a pistol to using a machine gun to using explosives to fighting with his fists. That's basically the same formula every movie must go through.
First, identify the basic conflict. In "Die Hard," it's fighting terrorists single-handedly. In "Star Wars," it's about futuristic space battles between spaceships and hand held laser pistols and rifles. In romantic comedies, the basic conflict is about a two people trying to find true love in each other.
What happens if your screenplay fails to stay consistent? Then you wind up with an incoherent mess. There's a strange story about a screenwriter who wrote a script about a dog that gets separated from his family and then follows them cross country to find them again.
Initially, this script creates the challenge of a single lost dog trying to reunite with his family. As a family-oriented story, we can expect the dog to face dangerous challenges but survive and eventually reunite with his family for a happy ending.
But that's not the way the screenwriter wrote this story. Instead, halfway through the story after the dog has lost his family and struggled to find them again by traveling cross country, this dog gets picked up by a drug dealer who shoots the dog, paralyzes his hind legs, forcing the dog to travel the rest of the country by dragging his bloody and paralyzed limbs behind him for the remainder of the story.
Needless to say, this screenplay was never made.
The main fault is that it starts off pleasant thrills and danger. Then it becomes a true horror story in the second half, making it completely inconsistent with the first half. The only way to fix this problem is to make both halves consistent. Either make the first and second half family friendly or make the first and second half horrifyingly bloody. Either way would work, but shifting tone in the middle of the story jars the audience out of the story completely.
So the key is to maintain consistency in every scene. If you're writing a horror movie, every scene must evoke dread and horror in some way. If you're writing a comedy, every scene must evoke laughs and humor.
Watch a great horror movie and you'll see that every scene includes some element of horror. Watch a great comedy movie and you'll see that every scene includes some element of humor.
Consistency from start to finish can create a unified, focused story, and that's what makes a great movie.
Grab Audiences at the Start of Every Scene with a Question
Almost everyone can come up with a great idea for a screenplay. The hard part is turning that great idea into a collection of great scenes that will make up a great screenplay.
What far too many novices do is simply write a scene that's empty of drama. Just as a chain is only as strong as its weakest link, so a screenplay is only as strong as it's weakest scene. What makes a good scene is one that tells a mini-story and grabs the audience right from the start so they want to know what happens next.
One way to grab the audiences attention at the beginning of a scene is to start with a question. That question can be implied such as a scene in "Fargo" where the woman police officer goes to the car dealer to talk to Jerry, the man who has hired two men to kidnap his wife.
In this scene, we know Jerry is guilty but the police officer does not. Thus the scene already starts by making us wonder what will happen next because the big question right from the start is "Will the police officer learn that Jerry is the man she's looking for?"
That scene from "Fargo" replies on the audience knowing information that the police officer does not. In most cases, it's not always possible to give the audience information that one of the characters lacks. A far more common technique is to simply give two characters a clear goal and then see which character "wins" but he end of the scene.
In the opening scene of "Harold and Maude," Harold walks into a room and hangs himself. At this point, we don't know that Harold's goal is to torment his mother. Then his mother walks into the room, stares at Harold's body dangling from a noose, and proceeds to calmly talk on the telephone.
The goal of Harold is to torment his mother but the goal of his mother is to ignore Harold's various suicide attempts. Then by the end of the scene, we see that the mother "wins" by failing to get upset at Harold's fake suicide attempt.
In every scene, there's a goal for that scene that must be met or lost by the end of the scene. Any scene that fails to define a question or goal at the start will fail to hold the audience's attention. By the time the scene ends, audiences won't care because they don't know what's at stake in the beginning.
So make sure every scene starts out with a question or goal to grab the audience right from the start. Then make sure the scene shows the conflict between two characters, each trying to achieve their goal. Finally, make sure the scene ends with a clear "winner".
Scenes that lack an intriguing beginning, interesting conflict in the middle, and a definite conclusion in the end will feel like a scene that goes nowhere, and that will be the weakest link in even the best written screenplay.


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à Beckett, Thomas, Sir, 1836-1919, Armstrong, Edmund La Touche, 1864-1946, Carlile, Edward, Sir, 1845-1917, Duffy, John Gavan, 1844-1917, Fitchett, W. H. 1841-1928, Greene, Molesworth Richard, 1827-1916, Hall, Bernard, 1859-1935, Harcourt, Clewin, 1870-1965, Joske, A. S. 1863-1939, Leeper, Alexander, 1848-1934, McCutcheon, Robert George, 1841-1918, McInnes, William Beckwith, 1889-1939, Mackey, John Emanuel, Sir, 1863-1924, Mather, John, 1848-1916, Meldrum, Max, 1875-1955, Moloney, James, 1842?-1931, Smith, Robert Murray, 1831-1921, Spencer, Walter Baldwin, 1860-1929, Sugden, Edward H. 1854-1935, Swinburne, George, 1861-1928, Turner, Henry Gyles, 1831-1920, Walcott, Richard Henry, 1870-1936, Weedon, Henry, Sir, 1859-1921, Victoria. Chief Secretary's Dept.
Melbourne : Albert J. Mullett, Government Printer, 1916
Parliamentary paper (Victoria. Parliament) ; 1916, no. 20
GP V 1916 no. 20
Trustees: Henry Giles Turner (president), Alexander Leeper, Sir Edward Carlile, Molesworth R. Greene, William Henry Fitchett, John Mather, Walter Baldwin Spencer, Robert Murray Smith, Edward Holdsworth Sugden, Sir Thomas à Beckett, Alexander Sydney Joske, John Emanuel Mackey, George Swinburne, Sir Henry Weedon, James Moloney, R. G. McCutcheon and John Gavan Duffy
Includes Reports from Edmund La Touche Armstrong (Chief Librarian and Secretary), R. Henry Walcott (Curator of the Industrial and Technological Museum), L. Bernard Hall (Director of the National Gallery and Master of the School of Art), Max Meldrum, Clewin Harcourt and William B. McInnes, and W. Baldwin Spencer (Hon. Director of the National Museum)


As we hear this we usually look at the person, we search for the person's eyes to see if they are telling the truth. We know the eyes are the mirror of the soul. But actually the eyes are a window to the soul… the eyes of someone will tell you where they are looking for the information in their mind, if they are remembering something, imagining something, accessing a feeling, or activating their internal dialogue. The eyes pupil dilation would be the only item saying something about the actual emotion of the person, pupil dilation being an unconscious reaction. But it won't tell you what is going on in their mind. The true mirror or your mind… is your face, and as much as a mirror, your face can be an imprint onto your mind.
In 1970, Paul Ekman and his team, spent eight years analysing facial expressions, building the FACS, the Facial Action Coding system. We have 9 muscles generating facial expressions, and with those nine muscles, they've identified 44 Action Units (AU), where one AU defines the movement of a muscle. For instance, AU1 raising the inner eyebrow, AU2 raising the outer eyebrow, and therefore raising both eyebrows becoming AU1+AU2. They've also identified Action Description, some more complex set of movements generating facial expressions. Following work from Duchenne de Boulogne in 1862, and later Darwin in 1962, Ekman's team research concludes on the existence of seven universal emotions, yes universal, which are -anger -sadness -fear -disgust -contempt -surprise -joy. The idea of universal expressions had been debated for ages… and at that time there was still conception that emotions were culturally specific, that the sign of anger in our world, meant a sign of joy in another country… probably a handy thought at the time of colonisation. These seven emotions are universal; the way we manage those emotions is culturally specific. The fascinating point is the notion of micro-expression, involuntary facial expression, extremely brief and unconscious that we will demonstrate (unconsciously) when in high stake of emotions, when we could have something to lose or gain. These micro-expressions give our true state of mind away… it could be a micro-second of sign of fear or anger when we proudly show a neutral or smiling face.
As Ekman's team experienced with those AU, and specifically the AU of anger, sadness, fear, they started to feel actually depressed, moody and so on… Their face exercises was imprinting their mind! And in 1993, they decided to validate their hypothesis focussing on smiling. They identified 12 categories of smile, among those the genuine smile, also called the Duchenne Smile or D-Smile, a combination of AU6+AU12 when your eyes are smiling to the world as much as your lips. Analysing brain scan while people were voluntarily creating this D-Smile, they showed that the generated brain activities was similar to the brain activities generated by spontaneous happiness. D-Smile to your mirror, and you will smile in your mind! This is the same concept used in Laughter Yoga. Based on the notion that the mind cannot make the difference between a fake and a real laugh, audience generate fake laugh until they actually start to laugh spontaneously, achieving the desired relaxation and release of endorphins.
'Mirror, mirror, let me tell you how I feel' and as you finish your morning review in front of that mirror, what about putting a little spring in your smile, and I promise, you will find summer at the corner of your mind.
Previous postBlink… and maybe think.


Poggio alle Mura, the cru of Brunello di Montalcino from the Castello Banfi vineyard estate, triumphed in the annual native grape competition "Perfect Wines 2011" at the VitignoItalia fair. The competition is organized through a double jury which awards top wines made in Italy from native grape varietals. A committee from the Association of Italian Sommeliers (AIS) held rigorous blind tastings of 300 wines, narrowing the selection down to a final 20 – one winner for each varietal. But the final verdict was left up to trade visitors and wine enthusiasts at the VitignoItalia (Vineyard Italy) exhibition; their tastings confirmed the selections of the jury. A double achievement for Castello Banfi Poggio alle Mura 2005, with a ruling from a panel of experts upheld by an audience of wine lovers!


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redpajama_set_name: RedPajamaGithub


text:
Sullivan & Cromwell Discusses the Implications for Financial Institutions of Proposed SEC Climate Disclosure Rules
By Michelle Chen, Marc Trevino, Rod Gilman, June Hu and Aaron Levine April 22, 2022 by renholding
On March 21, 2022, the Securities and Exchange Commission proposed, in a 510-page release, climate-related disclosure rules for public companies. Although the proposed rules do not impose industry-specific requirements, in certain areas they would have a particularly significantly impact on companies in the financial sector. In particular, the disclosure of Scope 3 greenhouse gas emissions (which capture financed emissions) and climate scenario analysis will likely be mandatory for many financial institutions. Voluntary climate-related transition plans, targets and goals, which many financial institutions have adopted or set, would also need to be disclosed under the proposed rules. In addition, financial institutions will need to consider their obligations under certain state, federal and non-U.S. laws and regulations that may also impact their climate strategy (e.g., fair access, fair lending or insurance underwriting requirements) as they navigate the new climate disclosure requirements.
Compliance with the proposed rules would be phased in (see Appendix A for disclosure compliance dates). Financial institutions that are large accelerated filers could be required to begin capturing emissions information (other than Scope 3 emissions) as early as January 2023 and Scope 3 emissions metrics as early as January 2024.
The public comment period was initially open until May 20, 2022, but on May 9, 2022, the SEC extended the end of the public comment period to June 17, 2022. For a summary of the proposed rules and their implications for U.S. public companies, see our publication here and listen to our webinar here. For a summary of how the proposed rules would affect foreign private issuers, see our publication here.
Existing climate disclosures across financial institutions vary, in part due to differences in regulatory regimes across jurisdictions.[1] In the United States, under the SEC's existing disclosure framework as set forth in its 2010 guidance on climate-related disclosures,[2] disclosure of specific climate-related metrics is not mandatory. Rather, an institution is required to disclose information about potential or actual impacts of climate change to the extent material to investors. However, in response to demands from investors and other stakeholders, many banks, asset managers and insurance companies have voluntarily made climate disclosures in their sustainability or environmental, social and governance (ESG) reports or other public materials. Many of them have made net zero commitments with respect to their own operations or with respect to the combination of their operations and their financial activities.
More recently, investors and other stakeholders have increasingly focused on the disclosure of both greenhouse gas (GHG) emissions from financial institutions' own operations and energy use, and GHG emissions in connection with their lending, investment and underwriting businesses (so-called financed emissions). Disclosures of financed emissions, which typically represent the most significant portion of financial institutions' "overall" GHG emissions, present a unique challenge because the calculations or estimates of such emissions can be difficult to obtain on a reliable and timely basis. There is also currently a lack of consensus on standards and methodologies for calculating financed emissions, although certain standards and methodologies developed by financial sector participants, such as the Partnership for Carbon Accounting Financials (PCAF), are beginning to gain traction.[3] The PCAF is also working with the Net-Zero Insurance Alliance to develop standards to measure and disclose GHG emissions of insurance and reinsurance underwriting portfolios (so-called insured emissions),[4] although even the financial institutions that use the PCAF's standards and methodologies typically do so with institution-specific supplements and modifications.
U.S. financial regulators have indicated that they are increasingly focused on incorporating climate risks into their regulatory and supervisory practices. Under the Biden Administration's "whole-of-government" approach to addressing climate change,[5] federal regulatory agencies—including those regulating financial institutions—have issued reports or proposed new guidance focused on climate-related financial risks, as well as their impact on financial institutions and the financial stability of the United States. For example, the Financial Stability Oversight Council (FSOC) issued a report in November 2021 identifying climate change as an "emerging threat to the financial stability of the United States" and recommending that its members accelerate their current climate-related efforts and take additional, coordinated actions to enhance the resiliency of the financial system to climate-related risks.[6] The Commodities Futures Trading Commission[7] also has warned that climate change threatens U.S. financial stability and has recommended increased disclosure of climate risks.
In the banking sector, the Office of the Comptroller of the Currency (OCC)[8] and the Federal Deposit Insurance Corporation (FDIC)[9] have released substantially the same proposed principles for climate-related financial risk management, which are designed to provide large banking institutions (those with over $100 billion in total consolidated assets) subject to their respective regulation with a high-level framework for managing climate-related financial risks. In respective statements accompanying the proposed guidance, Acting Comptroller Michael J. Hsu and Acting FDIC Chairman Martin J. Gruenberg indicated that more detailed supervisory guidance would be forthcoming.[10] Although the Board of Governors of the Federal Reserve System (Federal Reserve) has not yet proposed similar principles, Federal Reserve Governor Lael Brainard (who has been nominated as Vice Chair) has stated that "the Federal Reserve is carefully considering the potential implications of climate-related risks for financial institutions and the financial system."[11] The Federal Reserve's Financial Stability Report has also outlined that "Federal Reserve supervisors expect banks to have systems in place that appropriately identify, measure, control, and monitor all of their material risks, which for many banks are likely to extend to climate risks."[12]
In the insurance sector, the U.S. Treasury's Federal Insurance Office (FIO) issued a request for information on its future work relating to climate-related financial risks. FIO indicated that, based on the feedback it receives, it would make recommendations on actions that can be taken by various insurance sector stakeholders to address climate-related financial risks.[13] Fifteen state insurance regulators already require insurers licensed in the state and that write more than $100 million in annual net written premium to disclose their climate-related risk assessment strategy via the Climate Risk Disclosure Survey promulgated by the National Association of Insurance Commissioners (NAIC).[14] The New York Department of Financial Services (NYDFS) has released additional guidance for New York domestic insurers on managing the financial risks from climate change, outlining NYDFS' specific expectations for insurers' governance, business models and strategies, risk management, scenario analysis and public disclosure.[15]
In the asset management sector, the U.S. Department of Labor released a proposed rule in October 2021 that was intended to remove barriers to the ability of fiduciaries of plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) to consider climate and other ESG matters as factors when selecting investments and exercising shareholder rights.[16]
PROPOSED REQUIREMENTS HAVING PARTICULAR SIGNIFICANCE FOR FINANCIAL INSTITUTIONS
The SEC's proposed climate disclosure rules consist of new Items 1500-1507 of Regulation S-K and a new Article 14 of Regulation S-X. New Items 1500-1507 of Regulation S-K, modeled in part on the Task Force on Climate-Related Financial Disclosures (TCFD) disclosure framework,[17] would require an institution[18] to disclose information about (1) its governance of climate-related risks; (2) climate-related impacts on its strategy, business model and outlook; (3) climate-related risk management; (4) GHG emissions metrics, both in absolute terms, not including offsets, and in terms of GHG intensity (defined as a ratio that expresses the impact of GHG emissions per unit of economic value or per unit of production); and (5) any internal carbon price or climate-related targets and goals. In addition, accelerated and large accelerated filers would be required to obtain attestation by an independent third party of certain of their GHG emissions metrics.
Proposed Article 14 of Regulation S-X would require institutions to include climate-related financial statement metrics (which would consist of disaggregated climate-related impacts on existing financial statement line items) and related disclosures in a note to their audited financial statements. These metrics would then be subject to audit by an independent registered public accounting firm and come within the scope of the institution's internal control over financial reporting.
The proposed rules, if adopted as proposed, would have particularly significant ramifications on the cost and complexity of SEC compliance for financial institutions because of their financed emissions.
The proposed rules would require disclosure of Scope 3 GHG emissions if these emissions are material or if an institution already has set a GHG emissions reduction target or goal that includes Scope 3 emissions. "Scope 3 emissions" would be defined as "all indirect GHG emissions not otherwise included in a registrant's Scope 2 emissions, which occur in the upstream and downstream activities of a registrant's value chain." The SEC has proposed to define "value chain" broadly as "the upstream and downstream activities related to a registrant's operations." Although the SEC did not propose a quantitative threshold for materiality with respect to Scope 3 emissions, it noted that some companies rely on, or support reliance on, a quantitative threshold, such as when Scope 3 emissions comprise or exceed 40 percent of a company's total GHG emissions, when assessing the materiality of Scope 3 emissions.[19]
Consistent with the concepts developed by the GHG Protocol, an accounting and reporting standard for GHG emissions familiar to many registrants and investors,[20] the proposed rules identify several categories of activities that can give rise to Scope 3 emissions. The identified categories are non-exclusive and include upstream activities such as purchased good or services, capital goods and employee business travel. Of most importance for financial institutions, the identified categories also include downstream activities such as "investments" (Category 15 of the GHG Protocol's Scope 3 emissions categories), which would capture financed emissions (i.e., emissions from companies to which the financial institution provides debt or equity financing). If any upstream or downstream activities are significant when calculating Scope 3 emissions, the proposed rules would require identification of the categories and separate disclosure of Scope 3 emissions data for each.
The SEC has declined to mandate a particular methodology for financial institutions to use in calculating their Scope 3 emissions or financed emissions "in order to provide a financial sector registrant the flexibility to choose the methodology that best suits its particular portfolio and financing activities."[21] However, the SEC's proposing release highlighted the methodology developed by the PCAF's Global GHG Accounting & Reporting Standard (PCAF Standard) as one that "complements the GHG Protocol and assists financial institutions in calculating their financed emissions,"[22] and requested comments on whether financial institutions should be required to follow the PCAF Standard when calculating their financed emissions.[23] Financial institutions would be required to disclose the methodology (e.g., the PCAF Standard or another standard) used to calculate their financed and other Scope 3 emissions.
Although the proposed rules do not refer to insured emissions, i.e., GHG emissions of insurance and reinsurance underwriting portfolios, and the current GHG Protocol and PCAF Standard do not provide a methodology with respect to insured emissions, the PCAF is working with the Net-Zero Insurance Alliance to develop standards to measure and disclose insured emissions, which could impact how insurance and reinsurance companies calculate Scope 3 emissions relating to their underwriting portfolios. Whether or to what extent the proposed rules would apply to Scope 3 insured emissions, or how such emissions might be calculated, remains unclear in light of the developing work on the nature of, and potential approaches to measuring, insured emissions.
Scope 3 emission disclosures will likely be mandatory for financial institutions. Other than for insurers (which will likely have significant insured emissions), for many financial institutions, financed emissions almost certainly will constitute the majority of their GHG emissions. According to a report published by CDP, a climate nonprofit, GHG emissions associated with financial institutions' investing, lending and underwriting activities are on average over 700 times higher than their direct emissions, based on data from 84 financial institutions (including global asset managers, asset owners, insurers and banks) holding $27 trillion of assets.[24] As a result, Scope 3 emissions (including financed emissions) are likely to be significant as a percentage of a financial institution's total GHG emissions, and therefore be required to be disclosed under the proposed rules in light of the commentary in the proposing release. In addition, many financial institutions have voluntarily set and publicly announced their GHG emissions reduction targets or goals, many of which include Scope 3 emissions reduction goals or targets. If a financial institution has set such goals or targets, it would be required to provide Scope 3 emissions disclosures, regardless of whether Scope 3 emissions are determined to be material.
Moreover, financial institutions would likely need to separately disclose their financed emissions as a significant category of Scope 3 emissions, since the proposed rules would require identification of the categories and separate disclosure of Scope 3 emissions data for each upstream or downstream activity that is significant when calculating Scope 3 emissions.
Scope 3 emission disclosures will be particularly challenging for financial institutions. Given the complexity of many financial institutions' value chains, the variety of financial asset classes, the current data gap and the lack of standardized calculation methodologies for Scope 3 emissions by financial institutions, the task of calculating Scope 3 emissions will be especially challenging for financial institutions. For example, there are significant obstacles to calculating (or at least estimating) financed emissions by banks, because borrowers and investees typically are not contractually required to report (or verify independently) emissions-related data to their banks. Although banks may begin to impose such requirements in response to the proposed rules, the implementation of these requirements may be difficult in the near term until the market has had the time to coalesce around widely-accepted reporting standards. Similar obstacles will be present in regard to calculating, reporting and verifying emissions-related data of the assets, companies and risks insured by insurers (or reinsured by reinsurers).
In its proposing release, the SEC also requested comments on whether it should require "location data" for GHG emissions data (including any required Scope 3 emissions data).[25] Specifically, the SEC requested comments on whether the emissions data should be grouped by zip code separately for each scope and whether the disclosure should be presented in a cartographic data display (e.g., a "heat map"). Considering the significant challenge financial institutions already face in obtaining data on financed emissions and other Scope 3 emissions on an aggregated basis, it would be even more challenging for financial institutions to obtain reliable Scope 3 emissions data on the basis of asset location.
Climate Scenario Analysis
The proposed rules would not require institutions to conduct climate scenario analysis. However, if an institution does conduct climate scenario analysis, then it must provide detailed qualitative and quantitative information on the financial impacts of climate change on its business, as well as the steps it is taking—or considering—to respond to hypothetical future climate scenarios. The scenario analysis disclosure requirements, if triggered, would require disclosure, regardless of materiality, of the scenarios considered (e.g., an increase of no greater than 3 º, 2 º or 1.5 ºC above pre-industrial levels), as well as the parameters, assumptions and analytical choices, and the projected principal financial impacts on business strategy under each scenario.[26]
Scenario analysis and related disclosures may not be optional for financial institutions. Many financial institutions already conduct scenario analysis—or have committed to conducting such analysis in the near future—in response to supervisory guidance or pursuant to existing non-U.S. regulations[27] (or potential U.S. regulations). Furthermore, financial institutions that have not yet begun conducting scenario analyses are likely to face mounting pressure (and potentially an official mandate) from their regulators to do so. U.S. financial regulators have identified scenario analysis as a key emerging tool in the study (and potential mitigation) of climate-related financial risks. In particular, in their proposed Principles for Climate-Related Financial Risk Management for Large Banks, both the FDIC and the OCC have noted that "management should develop and implement climate-related scenario analysis frameworks in a manner commensurate to the bank's size, complexity, business activity, and risk profile." Federal Reserve Governor and Vice Chair nominee Brainard also has indicated that "[s]cenario analysis is a useful tool in assessing the links between climate-related risks and economic outcomes" and that "scenario analysis can help inform risk management at the level of individual financial institutions and more broadly."[28] In addition, state financial regulators have noted the importance of conducting scenario analysis as well—for example, the NYDFS provided guidance to insurers on managing the financial risks from climate change, including on the use of scenario analysis.[29]
Once a financial institution begins to conduct scenario analysis, the proposed rules would mandate detailed disclosures, regardless of whether the outcome of such analysis is material. Among those financial institutions that already have begun to incorporate this tool in their climate financial risk management, many are still in the early stages of implementation. The process of further developing and refining scenario analysis to establish appropriate scenarios, assumptions and methodologies is expected to be an evolving and iterative process, and input from industry members and regulators over time will inform industry standard practices. Requiring public disclosures as soon as a financial institution uses scenario analysis (i.e., before it may have reached a sufficient level of maturity) may result in premature, outdated or confusing disclosure. It also may deter financial institutions that do not already conduct scenario analysis from employing this tool until they are required to do so or until industry participants have coalesced around standard practices.
Transition Plans; Targets and Goals
The proposed rules would require disclosure of detailed qualitative and quantitative information if an institution has adopted any transition plan (broadly defined to mean a company's strategy and implementation plan to reduce climate-related risks, which may include a plan to reduce its GHG emissions) as part of its climate-related risk management strategy, or set any climate-related targets or goals (e.g., net zero goals). The transition plan and targets and goals disclosure requirements are not conditioned on materiality.
With respect to transition plans, the proposed rules would require an institution to discuss plans to mitigate or adapt to any identified transition risks, including laws, regulations or policies that restrict GHG emissions or products with high GHG footprints, as well as the changing demands or preferences of consumers, investors, employees, and business counterparties. In addition, an institution must update disclosures about its transition plan each fiscal year by describing the actions taken during the year towards achieving the plan.
With respect to targets and goals, the proposed rules would require disclosure of the scope of activities and emissions included in the target, unit of measurement (e.g., absolute versus intensity-based targets), time horizon for achieving the target, baseline time period and baseline emissions against which progress will be tracked, as well as any interim targets. This includes not only targets and goals related to GHG emissions (e.g., net zero pledges), but also any related to energy or water usage, conservation or ecosystem restoration, as well as goals with regard to revenues from low-carbon products in line with anticipated regulatory requirements, market constraints or other goals established by a climate-related treaty, law, regulation, policy or organization.
Disclosures related to transition plans, targets and goals also may not be optional for many financial institutions. Many have also voluntarily adopted climate-related transition plans, targets and goals, including pursuant to initiatives such as the Glasgow Financial Alliance for Net Zero, which requires signatories to commit to net zero financed emissions by 2050 and to set interim targets consistent with that goal.[30] As a result, for these financial institutions, disclosure will be required if the proposed rules become effective.
Financial Estimates and Assumptions
The proposed rules mandate qualitative and quantitative climate risk disclosures in the notes to a company's audited financial statements. In particular, the proposed rules would require companies to disclose whether the estimates and assumptions they used to produce their financial statements were impacted by risks and uncertainties associated with, or known impacts from, severe weather events and other natural conditions (e.g., flooding, drought, wildfires, extreme temperatures, and sea level rise) as well as transition activities (e.g., a potential transition to a lower carbon economy or any climate-related targets disclosed). If so, companies would be required to provide a qualitative description of how the development of such estimates and assumptions were impacted by such severe weather events and transition activities.
Financial institutions should consider whether and, if so, how the physical and transition risks of climate change factor into their financial estimates and assumptions, including for establishing allowances for credit losses. Financial institutions are currently required for accounting and financial reporting purposes to disclose certain estimates and assumptions, including those relating to allowances for credit losses and fair value measurements. Financial institutions should consider how physical and transition risks of climate change could affect estimated credit losses and fair value measurements.
ADDITIONAL IMPLICATIONS
Further clarity is required regarding the application of certain industry-wide requirements to financial institutions. Financial institutions may face particular challenges in complying with certain requirements of the proposed rules. For example, proposed Item 1504(d) of Regulation S-K would require companies to disclose GHG intensity for the sum of Scope 1 and 2 emissions and, if Scope 3 emissions are otherwise disclosed, separately for Scope 3 emissions. The GHG intensity disclosure for each fiscal year included in the consolidated financial statements must be in terms of both metric tons of CO2e per unit of total revenue and per unit of production. The unit of production should be "relevant to the company's industry to facilitate investor comparison of the GHG intensity of companies within an industry."
Although the SEC's proposing release provides an example of relevant units of production for companies in manufacturing industries (e.g., emission rate per car produced), the SEC did not explain (and it is unclear) what the appropriate "unit of production" measure would be for the financial sector, or what other measure of economic output should be used if a financial institution determines that it does not have a unit of production. Standard setters such as the PCAF[31] and CDP[32] have identified a number of different intensity measures that may be appropriate for financial institutions, particularly with respect to the intensity of financed emissions. These include economic emissions intensity (i.e., absolute emissions divided by the loan and investment volume), physical emissions intensity (i.e., absolute emissions per unit of product produced by companies in a financial institution's portfolio) and weighted average carbon intensity (i.e., weighted average of economic emissions intensity for companies in a portfolio). However, there are acknowledged limitations with respect to each of these measures, and what constitutes an appropriate measure will likely depend on a financial institution's businesses and the asset classes in its portfolio.
Financial institutions should pay particular attention to how climate-related actions and disclosures would interact with other applicable state, federal and non-U.S. laws and regulations that may also impact their climate change strategy. The proposed rules would require more extensive disclosure of climate-related targets, transition plans and Scope 3 emissions, which could potentially expose financial institutions to heightened regulatory, investor and other stakeholder scrutiny. This scrutiny may lead to a further escalation of the pressure on financial institutions to take certain actions to address climate change impacts. When considering whether to take such actions, financial institutions will have to be mindful of their other legal, regulatory and compliance obligations that may also impact their climate strategy.
Fair Access.The SEC acknowledged that the proposed rules could lead an institution to "disengage with certain clients due to the effect that they may have on the firm's Scope 3 emissions," which "may be particularly relevant for certain financial institutions that are impacted by their portfolio firms' emissions or climate-related risks."[33] In January 2021 and following a change in the Administration, the OCC announced that it would not move forward with the publication of a fair access rule, which would have prohibited large OCC-regulated institutions from denying financial services to corporate entities, businesses, nonprofits or individuals solely on a "subjective basis" (g., denying credit to oil exploration firms).[34] However, bills with similar requirements have been introduced in the U.S. Congress[35] and adopted or considered in various states.[36] For example, last summer, Texas passed a statute that requires state governmental entities to divest publicly traded securities of financial institutions that boycott fossil fuel-based energy companies and prohibits state governmental entities from contracting with such financial institutions.[37] Financial institutions, particularly those that are active in states with significant energy sector operations, will need to monitor legal developments in this space and factor in any applicable fair access requirements when assessing any targets or goals towards GHG reduction that involves exiting investments in companies conducting those operations.
Financially Vulnerable Populations.The SEC acknowledged that the proposed rules (especially the requirement to disclose risk by zip code) could "cause some firms to relocate assets or operations to geographical areas less exposed to physical risks and/or give preferences to such areas for future business activity."[38] However, such climate-related actions may make it more difficult for financially vulnerable populations—which "may also have fewer resources to recover from, or adapt to, adverse impacts" [39]—to recover from or adapt to adverse impacts from climate change. Financial regulators have warned of the potentially disproportionate adverse impact of climate change on financially vulnerable populations, including low- and moderate-income communities, communities of color and other disadvantaged or underserved communities.[40] As noted by the FSOC, "[c]ertain actions to address climate-related financial risks could impact financially vulnerable communities in the form of higher insurance and credit costs or the inability to obtain insurance or credit."[41] Financial institutions should carefully consider the potential impact of their climate-related actions on financially vulnerable populations, including conducting fair lending risk analysis or review of insurance unfair discrimination requirements where applicable, before committing to or taking any such actions.
In light of the significance and complexity of the proposed rules, financial institutions should promptly assess their ability to comply with the applicable requirements under the proposed rules and monitor the proposed rules' potential impact on market practices in the financial sector regarding voluntary and ultimately mandated climate-related disclosures, as well as climate-related commitments. In addition, financial institutions should consider all current and potential legal and regulatory requirements relevant to their climate strategy holistically. In particular, before committing to or taking climate-related actions, financial institutions should not only assess their disclosure obligations, but also consider any other state, federal and non-U.S. laws and regulations to which they may be subject (e.g., fair access, fair lending or insurance underwriting requirements), including the impact their actions may have on certain industries and populations that may be disproportionately affected by the physical and transition risks of climate change,
Appendix A([1])
Disclosure Compliance Dates
Filer Type Disclosure Compliance Date Statement Metrics Audit Compliance Date
All proposed disclosures, other than
Scope 3 GHG emissions metrics Scope 3 GHG emissions metrics
Large Accelerated Filer Fiscal year 2023
(filed in 2024) Fiscal year 2024
(filed in 2025) Same as Disclosure Compliance Date
Accelerated Filer and Non-Accelerated Filer Fiscal year 2024
(filed in 2026)
Smaller Reporting Company Fiscal year 2025
(filed in 2026) Exempted
Attestation Compliance Dates
Filer Type Disclosure Compliance Date (No Assurance) Limited Assurance([2]) Reasonable Assurance ([3])
(filed in 2025) Fiscal year 2026 (filed in 2027)
Accelerated Filer Fiscal year 2024
([1]) Assumes a fiscal year end of December 31. The SEC indicated a registrant with a different fiscal year-end date that results in its fiscal year 2023 commencing before the effective date of the rules would not be required to comply until the following fiscal year.
([2]) Limited assurance is equivalent to the level of assurance (commonly referred to as a "review") provided over a U.S. domestic registrant's interim financial statements included in a Form 10-Q.
([3]) Reasonable assurance is equivalent to the level of assurance provided in an audit of a registrant's consolidated financial statements included in a U.S. domestic company's Form 10-K annual report or a foreign private issuer's Form 20-F.
[1] Financial Stability Board, Report on Promoting Climate-Related Disclosures (July 7, 2021), available at https://www.fsb.org/wp-content/uploads/P070721-4.pdf. Financial institutions active in the European Union and UK, for example, are increasingly subject to climate-related disclosure obligations in their annual reports and financial product-specific disclosures under various regulations currently being phased in, including the EU Taxonomy and Sustainable Finance Disclosure Regulations and the UK's Climate-related Financial Disclosure Regulations 2022. These requirements apply to EU and UK-regulated financial institutions with a U.S. parent company. See The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022, available at https://www.legislation.gov.uk/uksi/2022/31/made.
[2] SEC, Commission Guidance Regarding Disclosure Related to Climate Change (Feb. 8, 2010), available at https://www.sec.gov/rules/interp/2010/33-9106.pdf.
[3] See PCAF, The Global GHG Accounting & Reporting Standard for the Financial Industry, available at https://carbonaccountingfinancials.com/files/downloads/PCAF-Global-GHG-Standard.pdf.
[4] See PCAF and Net-Zero Insurance Alliance, Partnership for Carbon Accounting Financials Collaborates with UN-Convened Net-Zero Insurance Alliance to Develop Standard to Measure Insured Emissions (Sept. 6, 2021), available at https://www.unepfi.org/news/industries/insurance/partnership-for-carbon-accounting-financials-collaborates-with-un-convened-net-zero-insurance-alliance-to-develop-standard-to-measure-insured-emissions/.
[5] See Sullivan & Cromwell, Biden Administration Announces New Climate Change Initiatives (Feb. 28, 2022), available at https://www.sullcrom.com/files/upload/sc-publication-biden-administration-announces-new-climate-change-initiatives.pdf.
[6] See Sullivan & Cromwell, Financial Stability Oversight Council Report on Climate-Related Financial Risk (Nov. 2, 2021), available at https://www.sullcrom.com/sc-publication-financial-stability-oversight-council-report-on-climate-related-financial-risk. FSOC is composed of ten voting members who head the U.S. Department of Treasury, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Commodity Futures Trading Corporation, the Federal Housing Finance Agency, the National Credit Union Administration, along with the independent member with insurance expertise, plus five nonvoting members. Two of the nonvoting members head the Office of Financial Research and the Federal Insurance Office. The other three nonvoting members are a state insurance commissioner, a state banking supervisor, and a state securities commissioner designated by peers.
[7] CFTC, Climate-Related Market Risk Subcommittee, Managing Climate Risk in the U.S. Financial System (Oct. 2020), available at https://www.cftc.gov/PressRoom/PressReleases/8234-20.
[8] See Sullivan & Cromwell, OCC Seeks Public Feedback on Principles for Climate-Related Financial Risk Management for Large Banks (Dec. 21, 2021), available at https://www.sullcrom.com/files/upload/sc-publication-occ-release-and-seeks-feedback-on-principles-for-climate-related-financial-risks-management-for-large-banks.pdf.
[9] FDIC, FDIC Issues Request for Comment on Statement of Principles for Climate-Related Financial Risk Management for Large Financial Institutions (Mar. 30, 2022), available at https://www.fdic.gov/news/press-releases/2022/pr22027.html?msclkid=e5291204b38911ec8d8e018fd9a3ce15.
[10] See OCC, OCC Seeks Feedback on Principles for Climate-Related Financial Risk Management for Large Banks, News Release 2021-138 (Dec. 16, 2021), available at https://www.occ.treas.gov/news-issuances/news-releases/2021/nr-occ-2021-138.html; FDIC, Statement by Martin J. Gruenberg, Acting Chairman, FDIC Board of Directors on the Request for Comment on the Statement of Principles for Climate-Related Financial Risk Management for Large Financial Institutions (Mar. 30, 2022), available at https://www.fdic.gov/news/speeches/2022/spmar3022.html.
[11] Board of Governors of the Federal Reserve System, Speech: Building Climate Scenario Analysis on the Foundations of Economic Research, Governor Lael Brainard (Oct. 7, 2021) available at https://www.federalreserve.gov/newsevents/speech/brainard20211007a.htm?msclkid=835acb64b38a11ec92018b7b96b3d19c.
[12] Board of Governors of the Federal Reserve System, Financial Stability Report (Nov. 2020), available at https://www.federalreserve.gov/publications/files/financial-stability-report-20201109.pdf.
[13] FIO, Request for Information on the Insurance Sector and Climate-Related Financial Risks, 86 Fed. Reg. 48814 (Aug. 31, 2021).
[14] On April 8, 2022, the NAIC adopted a new survey based on the Task Force on Climate-Related Financial Disclosures (TCFD) standard. Insurers formerly required to submit the annual NAIC Climate Risk Disclosure Survey will be required to submit the new TCFD-aligned standard by November 2022. See NAIC, U.S. Insurance Commissioners Endorse Internationally Recognized Climate Risk Disclosure Standard for Insurance Companies, available at: https://content.naic.org/article/us-insurance-commissioners-endorse-internationally-recognized-climate-risk-disclosure-standard.
[15] New York Department of Financial Services, Guidance for New York Domestic Insurers on Managing the Financial Risks from Climate Change (Nov. 15, 2021) (the "NYDFS Guidance"), available at https://www.dfs.ny.gov/system/files/documents/2021/11/dfs-insurance-climate-guidance-2021_1.pdf. See also Sullivan & Cromwell, New York Department of Financial Services Issues Final Guidance on Managing the Financial Risks of Climate Change for Insurers (November 30, 2021), available at https://www.sullcrom.com/files/upload/sc-publication-new-york-insurance-regulator-issues-guidance-on-managing-climate-risks.pdf.
[16] See Sullivan & Cromwell, U.S. Department of Labor Proposes ESG-Related Updates to the ERISA Investment Duties Regulation (Oct. 19, 2021), available at https://www.sullcrom.com/files/upload/sc-publication-US-Department-of-Labor-Proposes-ESG-Updates-ERISA-Investment-Duties.pdf.
[17] The TCFD Framework is organized around four core pillars: governance, strategy, risk management, and metrics and targets.
[18] The proposed rules could apply to insurance companies that issue certain SEC-registered life insurance or annuity products but that otherwise are not registered and have no publicly listed equity or debt securities. Although the proposed rules would not apply to variable insurance or annuity products registered on Forms N-3, N-4 or N-6, the proposed rules would apply to SEC-registered non-variable products registered on Form S-1 or Form S-3, including, e.g., registered index-linked annuities and registered index-linked universal life policies.
[19] Id. at 173.
[20] Greenhouse Gas Protocol, available at https://ghgprotocol.org/; proposing release at 35-36.
[21] Proposing release at 205-206.
[23] PCAF Standard, available at https://carbonaccountingfinancials.com/files/downloads/PCAF-Global-GHG-Standard.pdf?msclkid=66b8fabfb5a511ec9b70fcebcb83dc15.
The PCAF Standard covers six asset classes: listed equity and corporate bonds; business loans and unlisted equity; project finance; commercial real estate; mortgages; and motor vehicle loans.
[24] CDP, Finance sector's funded emissions over 700 times greater than its own (April 28, 2021), available at https://www.cdp.net/en/articles/media/finance-sectors-funded-emissions-over-700-times-greater-than-its-own.
[25] Proposing release at 188.
[26] Id. at 87-91.
[27] For example, the Bank of England's Prudential Regulatory Authority and the European Central Bank (ECB) have each set out expectations for their supervisee banks and/or insurers, as applicable, to conduct climate scenario analysis. See https://www.bankofengland.co.uk/-/media/boe/files/prudential-regulation/supervisory-statement/2019/ss319.pdf?la=en&hash=7BA9824BAC5FB313F42C00889D4E3A6104881C44; https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm.202011finalguideonclimate-relatedandenvironmentalrisks~58213f6564.en.pdf.
[28] Lael Brainard, Building Climate Scenario Analysis on the Foundations of Economic Research (Oct. 7, 2021), available at https://www.federalreserve.gov/newsevents/speech/brainard20211007a.htm.
[29] See NYDFS Guidance, supra note 15.
[30] Proposing release at 27.
[31] PCAF, supra note 3.
[32] See, e.g., CDP Technical Note: Portfolio Impact Metrics for Financial Services Sector Companies, available at https://cdn.cdp.net/cdp-production/cms/guidance_docs/pdfs/000/002/428/original/CDP_Technical_Note_on_Portfolio_Impact_Metrics_for_Financial_Services_Sector_Companies.pdf?msclkid=b9c073b3b5a611ec8b153a75335b7d41.
[34] OCC, OCC Puts Hold on Fair Access Rule (Jan. 28, 2021), available at https://www.occ.gov/news-issuances/news-releases/2021/nr-occ-2021-14.html.
[35] See S. 563, Fair Access to Banking Act (March 3, 2021), available at https://www.congress.gov/bill/117th-congress/senate-bill/563/text.
[36] See, e.g., David Wethe and Shelly Hagan, Texas Spurs Copycats as States Punish Banks that Snub, Oil, Gas (Feb. 24, 2022), available at https://www.bloomberg.com/news/articles/2022-02-24/texas-spurs-copycats-as-states-punish-banks-that-snub-oil-gas.
[37] S.B. No. 13, An Act relating to state contracts with and investments in certain companies that boycott energy companies, (Sept. 1, 2021), available at https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00013F.pdf#navpanes=0.
[39] FSOC, Financial Stability Oversight Council Identifies Climate Change as an Emerging and Increasing Threat to Financial Stability (Oct. 21, 2021), available at https://home.treasury.gov/news/press-releases/jy0426?msclkid=194bf9a9b3c011ec9ed3cca1f929f27e.
[40] See, e.g., Federal Reserve Bank of New York, Reducing Climate Risk for Low Income Communities (Nov. 19, 2020), available at https://www.newyorkfed.org/newsevents/events/regional_outreach/2020/1119-2020.
[41] FSOC, supra note 39.
This post comes to us from Sullivan & Cromwell LLP. It is based on the firm's memorandum, "Proposed SEC Climate Disclosure Rules—Certain Key Implications for Financial Institutions," dated April 13, 2022, and available here.


Two Leeds teenagers have been arrested after two other teenagers were attacked in Harrogate.
The two suspects, both from the Leeds area, were arrested a few hours after the victims were seriously injured in an assault in Valley Gardens.
The incident happened at 3.30pm yesterday (Saturday).
There was a heavy police and emergency services presence at the scene, including firearms officers. An air ambulance was also called to the scene.
The victims were taken to hospital and are in a stable condition.
The arrested teenagers remain in police custody.
DCI Dave Ellis, of North Yorkshire Police, said: "I understand this incident may cause some concern in the local community. However, at this time we are not looking for anyone else in connection with this incident.
Anyone who witnessed the assault, or has any information about it, can contact North Yorkshire Police on 101, select option 2 and ask for Harrogate CID, quoting reference NYP-13042019-0299.


Posted by Sybil on November 16, 2006, 8:40 am, in reply to "1st trip to the area, need accomodations"
Heather, you can look under La Manzanilla. Info-Home page and then check out La Manzanilla vacation rentals.
January is our busiest time so you may have to try several places. All on the rental page have web sites so you can see the places.


Today's mission, folks: clean out your medicine cabinet, bathroom drawers, and any other bathroom storage/shelving. Throw away anything expired, unlikely to be used, gross, or of unknown origin. Wipe down all surfaces, getting the dirt, makeup, and unidentified crud out of there. Replace everything neatly and in a way that makes sense.