Securities and Exchange Commission (SEC), Judicial Review, Environmental Social & Governance (ESG)

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

Mintz on 7/25/2025

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

SEC Climate Rule Saga Continues

Fenwick & West LLP on 7/25/2025

The Securities and Exchange Commission’s (SEC) controversial climate disclosure rules have been essentially dead since last March, when the SEC voted to end its defense of the rules. ...more

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

Carlton Fields on 10/4/2024

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

ESG and SEC: Impact of the Judicial Review on the Final Rules for Climate-Related Disclosures

McNees Wallace & Nurick LLC on 5/14/2024

As part of the Securities and Exchange Commission’s ongoing and evolving mission to enhance disclosures for investors, the SEC published final rules relating to climate-related disclosures for investors (final rules). When...more

SEC Issues an Administrative Stay of its Climate Disclosure Rules

Quarles & Brady LLP on 4/9/2024

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

SEC Voluntarily Stays Its Climate Rules Pending Judicial Review

White & Case LLP on 4/9/2024

On April 4, 2024, less than one month after their adoption, the U.S. Securities and Exchange Commission ("SEC") has chosen to stay its newly adopted climate disclosure rules, pending judicial review (the "Final Rules"). The...more

SEC Adopts Climate Change Disclosure Rules; Court Imposes Temporary Stay

White & Case LLP on 3/22/2024

On March 6, 2024, in a 3 to 2 vote of the Commissioners, the US Securities and Exchange Commission (the "SEC") adopted rules that will require public companies to disclose extensive climate change-related information in their...more

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