Alphabetical. Methodology links are to each agency's own published documents.
Last updated: 2026-07-09
How MSCI Scores a Miner — Reserves-Based Exclusions and the Coal Carve-Out
MSCI's ESG methodology treats reported proved-and-probable coal reserves and 1P oil/gas reserves as
hard exclusion triggers for fossil-fuel index products, but explicitly carves metallurgical coal out of
every thermal-coal revenue and reserve calculation — a distinction that determines whether a
diversified miner with a coking-coal division ends up in an ESG-screened index or not.
1. The seven-band rating and the 35 Key Issues
MSCI ESG Ratings score companies on a seven-band scale from AAA to CCC,
built from two to seven Environmental and Social Key Issues (selected out of 35 total) plus a Governance
Pillar that applies to every company regardless of industry; each Key Issue typically contributes
5–30% of the total rating, weighted by the industry's contribution to the relevant externality and
the expected time horizon for that risk to materialize
(MSCI, ESG Ratings Methodology).
For diversified miners, MSCI's GICS-based classification places companies under sub-industries including
Metals & Mining — Non-Precious Metals (10102050), Coal & Consumable
Fuels (15104010), Aluminum (15104020), and Diversified Metals &
Mining, each carrying a different Key Issue weighting set — meaning the same environmental
incident scores differently in the rating depending on how a miner's primary GICS sub-industry is coded.
2. Reserve-based exclusion mechanics for fossil-fuel-screened products
MSCI's exclusion indexes — used as the reference universe for many Article 8 and Article 9 SFDR
funds — flag companies with proved and probable (2P) coal reserves or
proved (1P) oil and gas reserves for exclusion from ex-fossil-fuel and ex-coal index
families
(MSCI, Global Fossil Fuels Exclusion Indexes Methodology).
Crucially, this reserves-based flag explicitly excludes metallurgical coal — the
coking coal used in steelmaking — from both the reserves test and every associated revenue
calculation, and MSCI's revenue-attribution logic separately allocates a miner's coal revenue between
thermal and metallurgical categories using mine counts as a proxy when a company does not disclose the
split directly
(MSCI, Fossil Fuels and Power Generation Metrics Methodology).
For MSCI's broader ESG Screened Indexes, the operative revenue threshold is
5% or more of aggregate revenue from thermal coal mining or unconventional oil and gas
extraction to trigger exclusion, alongside separate triggers for Arctic oil and gas, controversial
weapons, and UN Global Compact non-compliance
(MSCI, ESG Screened Indexes Methodology).
3. SFDR-specific metrics layered on top of the rating
For EU fund clients, MSCI publishes a separate SFDR Index Metrics calculation that feeds
Principal Adverse Impact indicators directly, including a Baseline Criteria Test that
fails companies with an MSCI ESG Rating of B or CCC, any Red or Orange Flag controversy, any tie to
controversial weapons, at least 1% revenue from thermal coal mining, or tobacco involvement above 5%
revenue — a composite gate that is stricter than any single MSCI exclusion screen used alone
(MSCI, Index ESG Metrics Calculation Methodology (SFDR)).
Current status: the metallurgical-coal carve-out
remains the single most consequential methodology detail for diversified miners seeking ESG-index inclusion
in 2026 — a company that separates its coking-coal and thermal-coal disclosures cleanly can materially
improve its MSCI exclusion-screen outcome even with unchanged underlying production, which is why reserve
and revenue disclosure granularity has become a rating-management lever in its own right.
Last updated: 2026-07-09
SFDR 2.0 — The European Commission Rewrites Article 8 and Article 9
The European Commission's November 2025 SFDR 2.0 proposal would replace the current Article 8/9
binary with a three-tier system — "ESG basics," "Transition," and "Sustainable" — and for the
first time write hard-coal and lignite revenue thresholds directly into fund-level exclusion law rather
than leaving them to voluntary index methodologies. Funds holding mining names should expect the
current framework to remain live only through a multi-year transition into the new regime.
1. The current Article 8/9 baseline still governing 2026 fund flows
Under the existing SFDR framework, Article 8 funds must promote environmental or social
characteristics while Article 9 funds must have sustainable investment as their explicit objective;
market practice generally requires at least 80% of assets to align with promoted
characteristics (Article 8) or sustainable objectives (Article 9), with additional Do-No-Significant-Harm
thresholds and mandatory Principal Adverse Impact indicator reporting effective for existing funds since
May 2025
(Datia, Greenwashing Crackdown: Expectations for ESG Disclosures in 2025).
Article 9 (dark-green) funds pursuing sustainable investment as an objective face the tightest scrutiny,
given regulatory expectations that essentially all holdings demonstrate a positive contribution alongside
the do-no-significant-harm test
(Irish Funds Industry Association, Sustainable Finance Disclosure Regulation (SFDR)).
2. SFDR 2.0's three new categories and their mining-specific exclusions
The European Commission's proposal, published in November 2025, restructures the
regulation around three voluntary categories: a new Article 7 "Transition" category, a
rewritten Article 8 "ESG basics" category, and a rewritten Article 9
"Sustainable" category, each carrying a 70% minimum investment threshold tied to
a qualifying objective
(European Parliament, COM(2025)0841 — SFDR 2.0 Proposal Text).
For mining-relevant exclusions, both the Transition and ESG-basics categories would bar investment in
companies deriving 1% or more of revenue from hard coal and lignite exploration, mining,
extraction, distribution, or refining, and in companies developing new hard-coal or lignite projects or
lacking a phase-out plan for coal-fired power generation; the Sustainable (Article 9) category adds a
stricter bar on companies deriving more than 10% of revenue from oil fuels or more than
50% from high-GHG-intensity gas-fuel activities
(Morgan Lewis, SFDR 2.0: EU Commission Proposes Overhaul of SFDR Regime,
Sidley Austin, SFDR 2.0: Five Key Takeaways from the European Commission's Proposal).
Unlike the current regime, SFDR 2.0 would apply with no exemption for professional-investor-only
funds and, per Sidley's analysis, only a narrow exemption for closed-ended funds created before
the new rules take effect — expected around 2028 for most fund types.
3. Why the coal threshold, not the metals threshold, is the binding constraint
None of the three SFDR 2.0 categories impose a hard-coded revenue exclusion specific to non-fuel metals
mining — copper, lithium, or rare-earths producers are not automatically barred the way hard-coal
producers are. This means diversified miners with any measurable thermal-coal exposure face a materially
harder path into Article 8 or 9 fund portfolios than pure-play critical-minerals producers, creating a
structural tailwind for critical-minerals-focused funds relative to diversified major miners still
carrying legacy coal assets, exactly as the Commission's own comparison table of permitted and prohibited
investments across the three categories makes explicit
(Morgan Lewis, SFDR 2.0: EU Commission Proposes Overhaul of SFDR Regime).
Current status: SFDR 2.0 is a proposal, not yet
law, as of mid-2026, with the Commission's text published November 2025 and application likely from 2028;
funds must run a dual compliance track through the transition, applying today's Article 8/9 rules while
underwriting portfolios against the coal- and hydrocarbon-revenue thresholds that SFDR 2.0 would make binding.
Last updated: 2026-07-09
Greenwashing Enforcement Diverges — ESMA Builds Capacity While the SEC Retreats
ESMA's 2024 Final Report on Greenwashing found only 97 issuer-level enforcement actions across
14 national regulators despite 45 reported greenwashing occurrences, while in 2026 the U.S. SEC is
actively rolling back its own ESG fund-names enforcement machinery — the transatlantic
regulatory gap on ESG disclosure enforcement has widened rather than narrowed since 2024.
1. ESMA's Final Report: capacity-building outpacing actual enforcement
ESMA's Final Report on Greenwashing, responding to a May 2022 European Commission
request, defines greenwashing as sustainability-related statements or communications that "do not clearly
and fairly reflect the underlying sustainability profile of an entity, a financial product or financial
service," and surveyed 29 national competent authorities on their enforcement activity between September
2022 and August 2023
(ESMA, Final Report on Greenwashing (ESMA36-287652198-2699)).
The survey found approximately 286 full-time-equivalent staff across all NCAs dedicated
to sustainability supervision — an average of 9.5 per authority — with 25 of 29 NCAs reporting
that current resources do not match their supervisory needs. On enforcement outcomes specifically: issuer
non-financial-statement examinations in 2023 totaled 515, resulting in enforcement actions against
97 issuers across 14 NCAs, while only 45 total greenwashing occurrences were reported
across the issuer sector and just 2 NCAs identified actual (not merely potential) greenwashing in
investment management. ESMA identified a specific regulatory gap for benchmark administrators:
the Benchmarks Regulation contains no "fair, clear and not misleading" provision, leaving ESG benchmark
methodology claims — directly relevant to any metals or commodity index provider — without a
clear enforcement hook.
2. ESMA's 2026-2028 work programme keeps greenwashing as a strategic priority
Building on the Final Report, ESMA has confirmed that tackling greenwashing remains a core priority in its
2026–2028 Union Strategic Supervisory Priorities cycle, continuing the ESG
disclosures priority first designated in January 2023
(Ropes & Gray, ESMA 2026-2028: Tackling Greenwashing Remains Key Priority).
This continuity contrasts with the U.S. trajectory below and means EU-domiciled funds holding mining and
metals names should expect continued, incrementally intensifying supervisory attention on sustainability
claims through at least 2028, coinciding with the SFDR 2.0 transition window described above.
3. The SEC's 2026 reversal: reviewing, not enforcing, the Names Rule
The U.S. trajectory has moved in the opposite direction. The SEC's 2023 amendment to the
Investment Company Names Rule (Rule 35d-1) had extended the rule's 80%-asset-alignment
requirement to funds whose names suggest ESG or sustainability characteristics, with compliance deadlines
that were pushed to June 11, 2026 for fund groups above $1 billion in net assets and
December 11, 2026 for smaller fund groups
(Holland & Knight, SEC Initiates Review of ESG Fund Names Rule).
On February 11, 2026, SEC Chair Paul Atkins announced the Commission would review the
2023 Amendment "with an eye toward reducing unnecessary reporting burdens," followed on
February 18, 2026 by staff FAQs softening several compliance triggers and a further
extension of Form N-PORT reporting deadlines to November 17, 2027 (large fund groups)
and May 18, 2028 (smaller fund groups)
(Holland & Knight, SEC Initiates Review of ESG Fund Names Rule).
This sits inside a broader deregulatory pivot that includes the SEC ceasing to defend its Climate-Related
Disclosure Rules and the 2024 disbanding of its Climate and ESG Task Force, which had been created within
the Division of Enforcement in 2021. The reversal also stands in contrast to the UK's parallel regime,
where the Financial Conduct Authority's Sustainability Disclosure Requirements and
accompanying anti-greenwashing rule continue to require that any sustainability-related label or
marketing claim be "fair, clear and not misleading" and tied to prescribed criteria — a standard
the U.S. is actively relaxing at the same time the UK and EU are holding or tightening it
(Holland & Knight, SEC Initiates Review of ESG Fund Names Rule).
Current status: as of mid-2026, EU and U.S.
greenwashing enforcement are diverging sharply — ESMA is building out multi-year supervisory capacity
and keeping ESG disclosure as a strategic priority through 2028, while the SEC is actively unwinding Names
Rule compliance pressure and reporting burdens for ESG-labeled funds; any tokenized-metals platform serving
both EU and U.S. fund clients should expect materially different sustainability-disclosure diligence
standards depending on jurisdiction, with the EU side the more demanding by a wide and growing margin.