SEC Walks Away From Climate Disclosure Litigation

Stinson - Corporate & Securities Law Blog
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Stinson - Corporate & Securities Law Blog

The SEC announced that the Commission had voted to end its defense of the rules requiring disclosure of climate-related risks and greenhouse gas emissions.

SEC Acting Chairman Mark T. Uyeda said, “The goal of today’s Commission action and notification to the court is to cease the Commission’s involvement in the defense of the costly and unnecessarily intrusive climate change disclosure rules.”

In a dissenting statement,  SEC Commissioner Caroline A. Crenshaw said “By way of politics, the current Commission would like to dismantle that rule. And they would like to do so unlawfully. The Administrative Procedure Act (APA) governs the process by which we make rules. The APA prescribes a careful, considered framework that applies both to the promulgation of new rules and the rescission of existing ones. There are no backdoors or shortcuts. But that is exactly what the Commission attempts today.”

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