News & Analysis as of

Administrative Procedure Act Disclosure Requirements Climate Change

Kramer Levin Naftalis & Frankel LLP

SEC Abandons Climate-Related Disclosure Litigation — What Next?

The Securities and Exchange Commission (SEC) recently informed the U.S. Court of Appeals for the Eighth Circuit that it will no longer defend its March 6, 2024, rule requiring that companies disclose climate-related risks and...more

Cooley LLP

Commissioner Crenshaw decries SEC action pulling the plug on defense of climate disclosure rules

Cooley LLP on

As reported in this PubCo post, the SEC announced yesterday that it was ending its “defense of the rules requiring disclosure of climate-related risks and greenhouse gas emissions”—the climate disclosure rules. In response to...more

K&L Gates LLP

United States: Unsustainable—Acting SEC Chairman Signals Reconsideration of Climate Risk Disclosure Rules

K&L Gates LLP on

In March 2024, the SEC adopted The Enhancement and Standardization of Climate-Related Disclosures for Investors final rule, which required companies to make disclosures regarding climate risks and disclosures of Scope 1 and 2...more

DLA Piper

SEC Climate Disclosure Rules: Four Potential Paths Under President Trump

DLA Piper on

The US Securities and Exchange Commission (SEC) adopted landmark final rules (Climate Disclosure Rules, or Rules) in March 2024 intended to enhance and standardize climate-related disclosures for publicly listed companies....more

Allen Matkins

Is This CARB Climate Corporate Data Accountability Act Enforcement Notice Legal?

Allen Matkins on

Recently, UCLA Professor Stephen Bainbridge posted this critique of California's climate disclosure laws - SB 253 and SB 261.  Readers of this blog will recall that SB 253 requires "reporting entities" to disclose Scope 1, 2...more

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

Fenwick & West LLP on

On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

Carlton Fields

Courts May Call “Lane Violation” on Recent SEC Actions

Carlton Fields on

With increasing frequency, petitioners representing the securities industry are asking courts to decide that rules adopted by the SEC exceed the agency’s authority, even when the rules have barely left the starting blocks....more

Quarles & Brady LLP

SEC Issues an Administrative Stay of its Climate Disclosure Rules

Quarles & Brady LLP on

On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final...more

Latham & Watkins LLP

The Case Against SEC Final Climate Rules Begins in Earnest

Latham & Watkins LLP on

The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year. On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more

Mayer Brown Free Writings + Perspectives

SEC Stays Climate-Related Disclosure Rules

The SEC paused implementation of the climate-related disclosure rules in the face of significant legal challenges.  The rules would impose substantial disclosure mandates on companies, including concerning the costs of...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

ArentFox Schiff on

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Cozen O'Connor

SEC Adopts Final Rule for Enhancement and Standardization of Climate-Related Disclosures

Cozen O'Connor on

On March 6, 2024, almost two years after the Securities and Exchange Commission’s (SEC) proposed amendments “to enhance and standardize climate-related disclosures for investors,” the SEC adopted a final rule on...more

Latham & Watkins LLP

Fifth Circuit Presses Pause on SEC’s Final Climate Regulation

Latham & Watkins LLP on

The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption. On March 15, 2024, the US Court of Appeals for the Fifth Circuit...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — November 2023

Federal Regulatory Developments - On September 20, 2023, the SEC approved amendments to the “Names Rule,” which had initially been proposed in May 2022. This rule requires investment funds to “adopt a policy to invest at...more

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