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Environmental Law

The Peter A. Allard School of Law

Climate-related financial risk

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Fiduciary Obligations In Business And Investment: Implications Of Climate Change, Janis P. Sarra Oct 2017

Fiduciary Obligations In Business And Investment: Implications Of Climate Change, Janis P. Sarra

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Fiduciary obligation, under both corporate law and the common law, requires directors and officers to identify and address climate-related financial and other risks. In fulfilling their obligations to act in the best interests of the company, directors and officers must directly engage with developments in knowledge regarding physical and transition risks related to climate change and how these risks may impact their corporation. Depending on the firm’s economic activities, the risk may be minor or highly significant, but directors and officers have an obligation to make the inquiries, to devise strategies to address risks, and to have an ongoing monitoring …