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Australia Introduces Climate Disclosure Laws

Companies in Australia will soon have to abide by a set of significant climate disclosures aligned with the International Sustainability Standards Board guidelines. These disclosures, which will impose significant compliance...more

Democratic Lawmakers Urge SEC Action on Greenwashing

On May 13, 2024, a group of 21 Democratic Congressmen--4 Senators and 16 Representatives, as well as the D.C. Delegate--submitted a letter to SEC Chairman Gensler, urging him “to finalize an anti-greenwashing rule you...more

Ten States Sue to Block SEC Climate Disclosure Rule Before the Ink is Dry

On the same day that the SEC issued its long-awaited rule on climate disclosures, ten states (West Virginia, Georgia, Alabama, Alaska, Indiana, New Hampshire, Oklahoma, South Carolina, Virginia, and Wyoming, which are all...more

SEC Schedules Vote on Proposed Climate Disclosures

The Securities & Exchange Commission has announced that it will be voting on “whether to adopt rules to require registrants to provide certain climate-related information in their registration statements and annual...more

SEC Re-Affirms Commitment to Climate Risk Disclosure Rule

On September 12, 2023, SEC Chairman Gensler testified before the Senate concerning a number of significant issues for the SEC. Among them was the SEC's still-pending rule on climate risk disclosures, which was first proposed...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

Proposed SEC Climate Disclosure Rule Potentially Delayed Until Fall 2023

About two weeks ago, former SEC Commissioner Robert Jackson, currently a professor at NYU Law, stated during an April 27 webinar hosted by a carbon accounting firm that "it looks like the [climate disclosure] rule is going to...more

Energy & Sustainability Litigation Updates — February 2023

Regulatory Developments - During the past several weeks, there have been a couple of notable developments in connection with the SEC’s proposed climate disclosures rule, “The Enhancement and Standardization of...more

Caremark Liability Following the SEC’s New ESG Reporting Requirements

Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and...more

Republican SEC Commissioners Continue to Criticize Proposed Climate Disclosures

Last week, SEC Commissioner Peirce delivered a lengthy speech at the American Enterprise Institute, in which she extensively criticized the climate disclosure rules proposed by the SEC. Her critique deliberately extended...more

Energy & Sustainability Litigation Updates — November 2022

Regulatory Developments. During the past month, there have been two notable developments in connection with the SEC’s proposed climate disclosures rule — “The Enhancement and Standardization of Climate-Related Disclosures for...more

Biden Administration Proposes That Federal Contractors Must Disclose GHG Emissions

Last Thursday, the Biden Administration proposed that all federal contractors (except those receiving less than $7.5 million annually in contracts) be required to, among other things, disclose their GHG emissions....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

Implications of West Virginia v. EPA on Proposed SEC Climate Rules

The Supreme Court, in West Virginia v. EPA, effectively limited the ability of the EPA to issue significant regulations designed to address climate change absent further Congressional action. And any Congressional...more

SEC Announces Disclosures and Rules Changes Intended to Combat "Greenwashing"

Today, the SEC issued two complementary press releases announcing certain proposed rules. First, the SEC announced "proposed amendments to enhance and modernize the Investment Company Act 'Names Rule'" that would "extend the...more

SEC Chairman Gensler Defends Proposed Climate Disclosures

SEC Chairman Gensler delivered a set of prepared remarks at the Ceres Investor Briefing on April 12, 2022, in which he defended the SEC's newly proposed rule concerning climate disclosures. As expected, Chairman...more

A Brief Summary of the SEC’s Proposed Climate-Related Rules

On March 21, 2022, the Securities and Exchange Commission (“SEC”) unveiled its long-anticipated proposed rules on climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for...more

SEC to Propose Rules Concerning Mandatory Climate Change Disclosures on March 21

According to media reports, the SEC has announced that it will "propose rules mandating disclosure from publicly traded companies about climate change and associated risks" on March 21st....more

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