by David Gilberg, Colin Lloyd, Rebecca Simmons, Aaron Levine, and David Schulman
SUMMARY
On June 2, the Commodity Futures Trading Commission (“CFTC”) voted unanimously to release a Request for Information (“RFI”) to solicit comments to better inform its understanding of climate-related financial risks to commodities and derivatives markets. The RFI states that the CFTC intends to use this information to inform potential future actions, which could include new or amended guidance, new regulations or other CFTC action pursuant to its existing statutory authority. The RFI notes that such actions could apply to any CFTC-registered entities, registrants or other derivatives and commodities market participants. The RFI follows action by a number of other U.S. and international regulatory bodies concerning the mitigation of climate-related financial risk. The CFTC seeks comment on all aspects of its existing regulatory framework and market oversight function as they may be affected by climate risk, and such comments are due on August 8, 2022.