News & Analysis as of

Climate Change Supreme Court of the United States Securities and Exchange Commission (SEC)

Carlton Fields

Outlook Dark for the SEC’s ESG Rule After Loper Bright

Carlton Fields on

For 40 years, the standard of review for agency rulemaking was set forth in the U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Chevron held that when a statute is silent or...more

Mintz

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

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Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures.  As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

Keating Muething & Klekamp PLL

Securities Snapshot: 2nd Quarter 2024 - SEC Slows Down Rulemaking

After a few years of proposing and adopting an unprecedented number of new rules, the Securities and Exchange Commission moderated its rule adoption activities in the second quarter of 2024. During the quarter, the SEC...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for April 2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •The SEC’s first “Shadow Trading” trial; •SCOTUS’s...more

ArentFox Schiff

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

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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

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - March 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs - Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

Mintz on

The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Seyfarth Shaw LLP

Policy Matters Newsletter - April 2023 #2

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Federal Salary Transparency Act. Much has been written recently regarding the various salary transparency and reporting laws that have sprouted from state Houses across the Nation (we spoke to California’s onerous...more

Mintz

SEC Commissioner Uyeda Suggests that ESG Disclosures Contribute to Decline in IPOs

Mintz on

In a recent lecture delivered at Columbia Law School/Business School at the "Going Public in the 2020s" conference, SEC Commissioner Uyeda bemoaned "the general decline in the number of public companies over the past...more

Foley Hoag LLP - White Collar Law &...

Will Stakeholder Objections and Legal Uncertainty Slow an ESG Revolution?

According to the Securities & Exchange Commission, its proposed revisions to SEC regulations regarding climate change disclosures in May 2022 were intended to provide investors with consistent and reliable information...more

NAVEX

This Supreme Court Case Will Reverberate Throughout the Compliance and ESG World

NAVEX on

Shockwaves hit publicly traded companies in March of 2022 when the SEC announced its proposed rule that would require public companies to include certain climate-related disclosures in their annual reports and registration...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Mintz - Energy & Sustainability Viewpoints

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

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Mintz

President Biden's Remarks on Executive Actions in Support of Climate Change Agenda

Mintz on

Earlier this week, President Biden delivered a speech identifying certain executive actions he planned to undertake in order to advance his agenda of combatting climate change. These included: (1) "$2.3 billion to help...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rejects EPA’s ‘Clean Power Plan’ in Decision Raising Questions About the SEC’s Climate-Related Disclosure Rules

On June 30, 2022, the U.S. Supreme Court held in West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022), that the Clean Air Act did not clearly authorize the Environmental Protection Agency (EPA) to create the...more

Mayer Brown Free Writings + Perspectives

Supreme Court Decision in West Virginia v. EPA Casts Doubt on SEC’s Climate Proposal and Other Regulatory Initiatives

On June 30, 2022, the U.S. Supreme Court decided West Virginia et al. v. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the Clean Air Act to limit greenhouse gas emissions from...more

Mintz

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

Mintz on

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

Mintz

Supreme Court May Limit EPA's Power to Regulate Carbon Emissions

Mintz on

The Supreme Court recently agreed to hear an appeal of the D.C. Circuit's decision to strike down Trump-era restrictions--which were quite weak--on coal-burning power plants. The Court's ruling here may limit the ability of...more

Mintz - ML Strategies

Energy & Environment Update - February 2016 #2

Mintz - ML Strategies on

ENERGY AND CLIMATE DEBATE - The Senate continues this week its floor debate on the first broad bipartisan energy package in nearly ten years. The Energy Policy Modernization Act of 2015 (S. 2012), which cleared,...more

WilmerHale

Energy Sector Alert Series: Climate Change Disclosures in 2016

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

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