SEC Petitioned to Require Companies to Disclose Risk of Global Warming Regulation; Free Enterprise Action Fund Says Companies Ri
October 30 2007 - 8:58AM
PR Newswire (US)
WASHINGTON, Oct. 30 /PRNewswire-USNewswire/ -- The Securities and
Exchange Commission (SEC) should take immediate steps to require
publicly-owned corporations to reveal the potential harm caused by
global warming regulations on earnings and shareholder value, says
the Free Enterprise Action Fund (Ticker: FEAOX), a publicly-traded
mutual fund. "Many corporations supporting greenhouse gas
regulations have failed to warn shareholders about the ongoing and
future harmful consequences these regulations pose to future
earnings," said Steve Milloy, a FEAOX portfolio manager.
Surprisingly, only five of the twenty-one members of the U.S.
Climate Action Partnership (USCAP), a lobbying group supporting
global warming regulation and cap-and-trade schemes, have disclosed
in their annual SEC filings that limits on greenhouse gas emissions
pose a business risk. Efforts to limit greenhouse gases at the
state and local level already unequivocally demonstrate these
regulations are a legitimate business risk to USCAP members: --
General Electric is fighting federal and state legislative efforts
to ban the incandescent light bulbs - a GE product and invention of
Thomas Edison the company's founder. Government officials want to
require consumers to purchase only the more energy efficient
compact fluorescent light bulbs (CFLs). Shareholders are also
threatened by efforts to ban coal-fired power plants. GE supplies
steam turbines for these power plants. -- PepsiCo is facing bans on
bottled water. Critics complain the production and transportation
of bottled water wastes energy and contributes to greenhouse gas
emissions. San Francisco city agencies no longer purchase bottled
water because of global warming concerns. "USCAP members must
inform shareholders about legitimate risks to their business," said
Milloy. "Failure to disclose exposes these companies to shareholder
lawsuits - especially since greenhouse gas regulations are
materially impacting these companies," added Milloy. USCAP
membership is controversial and it has created conflict between
businesses and their customers. Caterpillar Inc., for example, is
dealing with a boycott from a coal industry customer because of
company participation in USCAP. A government study reported that
cap-and-trade regulations would cause a 40 percent reduction in
coal production. According to the Caterpillar CEO, the decision to
join USCAP was not based on an economic assessment of the costs and
benefits of the regulations to the company. "Shareholders have a
right to know that Caterpillar may face a backlash from other coal
companies and energy intensive companies, like the steel industry,
whose businesses will be ruined by cap-and-trade regulations," said
the FEAOX's Tom Borelli. "If the boycott picks up momentum,
Caterpillar could easily be facing shareholder lawsuits. Making
matters worse, the CEO did not exercise basic due-diligence in
deciding to support regulations - negligence is a powerful argument
for trial lawyers," added Borelli. Non-USCAP members should
disclose the impact of global warming regulations to their
shareholders. Wal-Mart, for example, is the largest private user of
electricity and its trucks travel an estimated 1 billion miles
every year. "High-energy prices - a direct consequence of global
warming regulations - would dramatically increase Wal-Mart's
operating costs and hurt consumer spending," said Borelli.
"Shareholders should be alerted to the fact that global warming
regulations will potentially devastate Wal-Mart's future earnings,"
Borelli added. Performance As of 9-30-07 As of 6-30-07 One Month
3.49% (1.64)% Three Months 1.67% 5.75% Year-to-date 7.71% 5.93%
Annualized, Since Inception (3-1-05) 8.07% 8.21% Annualized, 1-year
13.10% 15.87% Past performance does not guarantee future results.
The performance data quoted represents past performance and current
returns may be lower or higher. The investment return and net asset
value will fluctuate so that an investor's shares, when redeemed,
may be worth more or less than the original cost. To obtain
performance information current to the most recent month end, visit
http://www.feaox.com/ or call 1-800-766-3960. Performance
represents share value at NAV, which includes a gross expense ratio
of 5.79% (as of 12-31-06). These total return figures reflect the
contractual waiver of a portion of the Fund's advisory fees for the
period ending 12-31-06. Without such a waiver of fees, the total
returns would have been lower. The net expenses paid by investors
(after the contractual waiver)for the period ending 12-31-06 is
1.82%. Net expenses are currently capped at 1.75%. The advisory fee
waiver will remain in effect until gross expense ratio declines to
below the net expense ratio. An investor should consider the fund's
investment objectives, risks, and charges and expenses carefully
before investing or sending money. This and other important
information about the Free Enterprise Action Fund can be found in
the fund's prospectus. To obtain a prospectus, please call
1-800-766-3960 or visit http://www.feaox.com/. Please read the
prospectus carefully before investing. Mutual fund investing
involves risk, including loss of principal. The Free Enterprise
Action Fund is advised by Action Fund Management, LLC., which
receives a fee for its services, and is distributed by Foreside
Distribution Services L.P., which is not affiliated with Action
Fund Management, LLC. DATASOURCE: Free Enterprise Action Fund
CONTACT: Audrey Mullen, +1-703-548-1160, for Free Enterprise Action
Fund Web Site: http://www.feaox.com/
http://www.freeenterpriseactionfund.com/
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