Under Regulation S-K, the SEC requires "appropriate disclosure...as to the material effects that compliance with Federal, State and local provisions which have been enacted or adopted regulating the discharge of materials into the environment, or otherwise relating to the protection of the environment, may have upon the capital expenditures, earnings and competitive position of the registrant and its subsidiaries." In Form K-10 the SEC requires disclosure on legislative compliance, judicial proceedings and liabilities relating to the environment.
More specifically, SEC Rule S-K, Item 103 Instruction 5 (Environmental Claims) requires companies to disclose proceedings involving monetary sanctions over $100 000.
In addition, disclosure is required for any material estimated capital expenditure for environmental control facilities and for select legal proceedings on environmental matters. For foreign issuers in the United States, Form 20-F requires companies to "describe any environmental issues that may affect the company's utilisation of the assets." Compliance and Disclosure Interpretations (C&Dis) were reviewed and updated as needed and republished as of 3 July 2008. The last revision was 14 August 2009. These changes have not impacted CSR reporting.
In October 2009 SEC reversed the existing policy under Rule 14a-8 that had allowed companies to exclude shareholder resolutions requesting information on the financial risks associated with environmental, human rights and other social issues facing companies.