In commenting on FAR Council’s proposed rule on disclosure of GHG emissions and climate risk, majority of respondents push back

In November 2022, the Federal Acquisition Regulation (FAR) Council published a proposed rule requiring that “significant contractors” (those that received between USD7.5 million and USD50 million in federal contract obligations in the prior federal fiscal year) inventory and disclose their Scope 1 and 2 GHG emissions. 

The proposed rule also would require that “major contractors” (those that received in excess of USD50 million in federal contract obligations in the prior federal fiscal year) inventory and disclose their Scope 1, 2, and 3 GHG emissions, complete an annual climate disclosure, and set validated science-based targets for reducing GHG emissions. 

The comment period for the FAR Council’s proposed rule recently closed. Writing for PubK, our lawyers Thomas E. Daley and Catherine Campbell identify and discuss key topics raised in the comments on the proposed rule and address how those comments may impact the final rule, which we expect to be published in late 2023 or early 2024.