Tuesday, October 02, 2007

Failure to Disclose

The Securities and Exchange Commission (SEC) should take immediate steps to require publicly-owned corporations to reveal the potential harm caused by global warming regulations on earnings and shareholder value, concluded a study released today by the Free Enterprise Education Institute (FEEI).

The report, "Failure to Disclose: Businesses Lobbying for Global Warming Regulation Keep Shareholders in the Dark," finds that many corporations supporting greenhouse gas regulations have failed to warn shareholders about the harmful consequences these regulations pose to future earnings. Surprisingly, only five of the twenty-one members of the U.S. Climate Action Partnership (USCAP), a lobbying group supporting global warming regulation and cap-and-trade schemes, have disclosed in their annual SEC filings that limits on greenhouse gas emissions pose a business risk. Efforts to limit greenhouse gases at the state and local level already unequivocally demonstrate these regulations are a legitimate business risk to USCAP members: -- General Electric is fighting federal and state legislative efforts to ban the incandescent light bulbs -- a GE product and invention of Thomas Edison, the company's founder. Government officials want to require consumers to purchase only the more energy efficient compact fluorescent light bulbs (CFLs). Shareholders are also threatened by efforts to ban coal-fired power plants. GE supplies steam turbines for these power plants.

PepsiCo is facing bans on bottled water. Critics complain the production and transportation of bottled water wastes energy and contributes to greenhouse gas emissions. San Francisco city agencies no longer purchase bottled water because of global warming concerns. "USCAP members must inform shareholders about legitimate risks to their business," said Steve Milloy of FEEI. "Failure to disclose exposes these companies to shareholder lawsuits -- especially since greenhouse gas regulations are materially impacting these companies," added Milloy. The study finds USCAP membership is controversial and it has created conflict between businesses and their customers. Caterpillar Inc., for example, is dealing with a boycott from a coal industry customer because of company participation in USCAP. A government study reported that cap-and-trade regulations would cause a 40 percent reduction in coal production. According to the Caterpillar CEO, the decision to join USCAP was not based on an economic assessment of the costs and benefits of the regulations to the company. "Shareholders have a right to know that Caterpillar may face a backlash from other coal companies and energy intensive companies, like the steel industry, whose businesses will be ruined by cap-and-trade regulations," said Tom Borelli of FEEI. "If the boycott picks up momentum, Caterpillar could easily be facing shareholder lawsuits. Making matters worse, the CEO did not exercise basic due-diligence in deciding to support regulations -- negligence is a powerful argument for trial lawyers," added Borelli. The study also finds that non-USCAP members should disclose the impact of global warming regulations to its shareholders.

Wal-Mart, for example, is the largest private user of electricity and its trucks travel an estimated 1 billion miles every year. "High-energy prices -- a direct consequence of global warming regulations -- would dramatically increase Wal-Mart's operating costs and hurt consumer spending," said Borelli. "Shareholders should be alerted to the fact that global warming regulations will potentially devastate Wal-Mart's future earnings," Borelli added.

"Failure to Disclose: Businesses Lobbying for Global Warming Regulation Keep Shareholders in the Dark" is available online at the following websites: http://www.demanddebate.com, http://www.freeenterpriser.com, and http://www.junkscience.com.


SOURCE Free Enterprise Education Institute


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