News & Analysis as of

Rulemaking Process Climate Change Environmental Social & Governance (ESG)

Mintz

SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts

Mintz on

On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the validity of the SEC's mandatory climate disclosure law. By way of background, in April...more

Jones Day

NGOs File A Formal Complaint Against the Omnibus Procedure

Jones Day on

Just as the European institutions adopted a Stop The Clock before a deep dive on Omnibus provisions, a coalition of NGOs filed a formal complaint on April 18, 2025, with the European Ombudsman. They claim the European...more

Stinson - Corporate & Securities Law Blog

SEC Walks Away From Climate Disclosure Litigation

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....more

Stinson - Corporate & Securities Law Blog

The SEC’s Position Change on The Enhancement and Standardization of Climate-Related Disclosures for Investors

On February 11, 2025, Mark T. Uyeda, the acting chairman of the Securities and Exchange Commission, took action with respect to The Enhancement and Standardization of Climate Disclosures for Inventors rule, which was adopted...more

Wilson Sonsini Goodrich & Rosati

Acting SEC Chairman Seeks Pause on Climate-Related Disclosure Rule Litigation

On February 11, 2025, Acting Chairman of the U.S. Securities and Exchange Commission (the “Commission”) Mark Uyeda issued a statement directing the Commission staff to request that the U.S. Court of Appeals for the Eighth...more

Vinson & Elkins LLP

SEC Requests Oral Argument Not to Be Scheduled in the Litigation Challenging the Climate-Related Disclosures Rule

Vinson & Elkins LLP on

In early March 2024, the U.S. Securities and Exchange Commission (“SEC”) finalized its climate-related disclosures rule (The Enhancement and Standardization of Climate-Related Disclosures for Investors) (the “Final Rule”)....more

Proskauer - Regulatory & Compliance

SEC Asks Court to Put Climate Change Litigation on Hold

As previously reported in our last post, The Fate of the New U.S. Climate Change Rules Under the New Republican Administration, legal challenges to the SEC’s rules mandating extensive new climate change disclosure is ongoing...more

Keating Muething & Klekamp PLL

Securities Snapshot: 4th Quarter 2024 - 2025 Reporting Season – Key Considerations

As we bid farewell to 2024, we welcome not only another year but also several new disclosure requirements. In this Snapshot, we summarize several developments and best practices for public companies to consider as the 2024...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

Perkins Coie

New Rules for Climate Commitment Act Designed To Rein in Compliance Costs

Perkins Coie on

The Washington Department of Ecology (Ecology) recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act (CCA), the state’s carbon emissions cap-and-trade program. The...more

Eversheds Sutherland (US) LLP

ESG in the United States: A complex landscape

The United States is in the process of transitioning ESG disclosure from voluntary, market-led reporting to a regulatory-driven scheme, principally led by the US Securities and Exchange Commission’s (SEC) anticipated (but...more

Latham & Watkins LLP

Updated Timeline for ESG-Related Actions From SEC Under RegFlex Agenda

Latham & Watkins LLP on

​​​​​​​On January 4, 2023, the Office of Information and Regulatory Affairs released the Fall 2022 Regulatory Flexibility Agenda. The agenda includes several updates to the Securities and Exchange Commission’s plans for...more

Mintz

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

Mintz on

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

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

Mintz

Republican SEC Commissioner Peirce Objects to SEC Regulatory Agenda

Mintz on

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

Bracewell LLP

Update on Securities and Exchange Commission’s Landmark Proposed Climate- Change Disclosure Rulemaking

Bracewell LLP on

Things to Consider - Rulemaking - Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review...more

Mayer Brown Free Writings + Perspectives

SEC Extends/Reopens Comment Periods for Certain Rulemakings, Including The Enhancement and Standardization of Climate-Related...

The US Securities and Exchange Commission (SEC) rulemaking process has received much attention under Chair Gensler’s leadership not only because of the volume and substance of proposed rules, but also because of the...more

WilmerHale

ESG on Earth Day: Climate Risk is Financial Risk

WilmerHale on

Today marks the 52nd Earth Day celebration, initially commenced in 1970 as citizens around the nation, and the world, gathered to demand stronger protection for the environment: cleaner water, air and land. As in 1970, the...more

Mintz

SEC Commissioner Crenshaw Voices Additional Support for ESG Disclosures

Mintz on

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

Ballard Spahr LLP

DOL Proposes Another Round of ESG Investing Rules for Plan Fiduciaries

Ballard Spahr LLP on

Summary - The U.S. Department of Labor (DOL) released Proposed Regulations for plan fiduciaries on the role Environmental, Social, and Governance (ESG) considerations should play in investment decisions....more

Latham & Watkins LLP

Climate Disclosures and the SEC

Latham & Watkins LLP on

What SEC commentary and the influence of existing frameworks could mean for mandatory climate disclosures in the US. US Securities and Exchange Commission (SEC) Chair Gary Gensler has publicly stated that the SEC will...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Chair Gensler Outlines Roadmap for Climate Risk Disclosure Rulemaking

In prepared remarks on July 28, 2021, Chair Gary Gensler of the Securities and Exchange Commission (SEC) set forth key considerations for the staff to address in the SEC’s forthcoming rulemaking proposal on mandatory climate...more

Skadden, Arps, Slate, Meagher & Flom LLP

Chair Gensler’s Insight on the SEC’s New Regulatory Agenda

In prepared remarks on June 23, 2021, Chair Gary Gensler of the Securities and Exchange Commission (SEC) provided additional insight into the commission’s recently announced regulatory agenda and its shift in priorities. His...more

Pillsbury Winthrop Shaw Pittman LLP

Navigating Uncertain ESG-Related Risks at the SEC

Market participants must manage risk of competing voices regarding direction of ESG rulemaking and the coming wave of enforcement actions. The Securities and Exchange Commission’s near-term climate change and board...more

Snell & Wilmer

The SEC’s Rulemaking Agenda: ESG

Snell & Wilmer on

On June 11, 2021, the Securities and Exchange Commission (“SEC”) released its Spring 2021 Rule List. Among the proposed rulemaking topics are various environmental, social and governance (“ESG”) disclosures. Although...more

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