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Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

Sustainable Energy & Infrastructure Litigation Updates — April 2025

On March 27, 2025, as expected, the SEC under the Trump administration abandoned the climate disclosure rule promulgated by the Biden administration, specifically stating in a court filing that it would no longer defend the...more

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Preparation for 2024 Fiscal Year-End SEC Filings and 2025 Annual Shareholder Meetings

Every year, Mintz provides analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission and their annual shareholder...more

Biden Administration's DOL Rule Enabling Investment Advisors to Consider ESG Factors Survives Judicial Challenge

On September 21, 2023, Judge Kacsmaryk (N.D. Texas), a famously conservative Trump-appointed jurist, upheld a Department of Labor rule promulgated by the Biden Administration that enables employee retirement plans to consider...more

SEC Climate Change Disclosure Rule Expected in October 2023

This week, the Securities & Exchange Commission indicated--through an update to a GSA website --that the proposed climate change disclosure rule would likely be finalized and released in October 2023. This date is congruent...more

SEC Commissioner Peirce Continues to Criticize Proposed ESG Rules

Recently, SEC Commissioner Peirce--one of the Republican appointees to the Securities & Exchange Commission--delivered a speech to Eurofi (a European think tank focused on financial regulation) in which she extensively...more

Potential Delay of SEC Climate Disclosures Rule Due to Reopening of Comments Period to Address Technical Issue

Last Friday, the SEC re-opened the comment period on its climate disclosures rule--"The Enhancement and Standardization of Climate-Related Disclosures for Investors"--for a period of "14 days following publication of the...more

Republican SEC Commissioner Peirce Questions Proposed SEC Rule Concerning ESG "Greenwashing"

In remarks delivered today to the SEC Investor Advisory Committee, SEC Commissioner Pierce--one of the Republican appointees to the Commission--offered a critique of the proposed SEC rule re: "greenwashing," which is the...more

Energy & Sustainability Litigation Updates — September 2022

Climate Change Tort Litigation - Beginning in 2017, an array of state and local governments have pursued claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Republican SEC Commissioner Peirce Objects to SEC Regulatory Agenda

On June 22, 2022, in response to the SEC's release of its regulatory agenda , Republican SEC Commissioner Hester M. Peirce vigorously objected to the policies and regulatory goals announced by the Biden Administration's SEC. ...more

Internal Dissension at SEC Delays Climate Change Disclosure Regulations

The Biden Administration has clearly announced that addressing the issue of climate change is one of its key policy priorities. One of the central aspects of this policy was intended to be an array of new regulations by the...more

SEC Commissioner Crenshaw Voices Additional Support for ESG Disclosures

Last week, SEC Commissioner Crenshaw--one of the Democratic members of the SEC Commission--addressed the Center for American Progress and the Sierra Club, and availed herself of the opportunity to once again vocally express...more

SEC's Acting Chief Accountant Emphasizes Significance of Climate Disclosures

This week, the SEC's Acting Chief Accountant, Paul Munter, issued a statement concerning "High Quality Financial Reporting in a Complex Environment." This statement touched on a number of matters, including the...more

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