SEC Publishes CD&I On Legal Proceeding Disclosures
On June 20, 2025, the SEC revised two, and withdrew one, CD&I related to disclosures on legal proceedings.
Revised CD&I 105.01 states:
Question: Are costs anticipated to be incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601) (otherwise known as the “Superfund” law), pursuant to a remedial agreement entered into in the normal course of negotiation with the EPA, generally considered “sanctions” within Item 103(c)(3)(iii)?
Answer: No. Footnote 30 of Release No. 33-6835 (May 18, 1989) and the letter to Thomas A. Cole (Jan. 17, 1989) clarify that, while there are many ways a Superfund “potential monetary sanction” may be triggered, including the stipulated penalty clause in a remedial agreement, the costs anticipated to be incurred under Superfund, pursuant to a remedial agreement entered into in the normal course of negotiation with the EPA, generally are not “sanctions” within Item 103(c)(3)(iii).
Revised CD&I 105.03 states:
Question: Should a proceeding against an
