SEC ESG Noncompliance: Where the Rubber Meets the Road

This article begins by discussing the findings of a recent study that suggests widespread corporate SEC noncompliance in the reporting of ESG issues. Second, it discusses the SEC rules on internal control systems and argues that full compliance with these SEC rules can significantly limit the SEC ESG noncompliance problem. Third, it highlights certain SEC noncompliance liabilities for corporate management, audit committees, and independent auditors arising from SEC ESG noncompliance. Fourth, the author discusses problems with enterprise software systems as a cause of the SEC ESG noncompliance problem. Fifth and last, the article highlights recent regulatory and market developments that may encourage compliance, and concludes with comments about the relationship of the SEC internal control system rules to Integrated Reporting.