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Journal of Corporate Finance Vol. 91 2025

Environmental liabilities, borrowing costs, and pollution prevention activities: The nationwide impact of the Apex Oil ruling

Jianqiang Chen1; Pei-Fang Hsieh2; Po-Hsuan Hsu2; Ross L. Levine3,4

1 Ocean University of China · 2 National Tsing Hua University · 3 Hoover Institution · 4 Stanford University

Abstract

The 2008 Apex Oil court decision reduced the circumstances under which specific environmental cleanup obligations were dischargeable in Chapter 11, potentially affecting the securities prices, credit conditions, and pollution practices of corporations not in Chapter 11. We discover that among financially stressed firms with those specific environmental liabilities, bond and stock prices dropped after Apex. Moreover, those firms (1) experienced a tightening of credit conditions (e.g., paying higher risk premia on debts and receiving lower bond ratings), (2) intensified pollution prevention activities, and (3) reduced the emissions of pollutants causing environmental damages no longer dischargeable in Chapter 11. These findings hold among firms nationwide, not only those within the jurisdiction of the Seventh Circuit court, which issued the Apex decision, suggesting that Apex had a nationwide impact.

DOI
10.1016/j.jcorpfin.2025.102739
Volume
91
Pages
102739
Language
en
Sources
bibtex:phds-export.bib openalex crossref

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