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ARTICLE · 11 APRIL 2024

SEC Pauses Its Climate Rules Amid Litigation Challenges

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The SEC today paused implementation of the climate rules the agency rolled out less than one month ago, in the face of significant legal challenges in numerous federal lawsuits.

United StatesCorporate/Commercial Law
Lawrence A. Cunningham
Lawrence A. Cunningham
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The SEC today paused implementation of the climate rules the agency rolled out less than one month ago, in the face of significant legal challenges in numerous federal lawsuits. The rules would impose substantial disclosure mandates on companies, including concerning the costs of extreme weather events, corporate strategies for addressing climate change, corporate governance procedures and, for many companies, greenhouse gas emissions.

The SEC proposed the rules two years ago and received voluminous comment letters, including many critical ones questioning the proposal's legality. In response, while the SEC withdrew proposals to require disclosure of emissions across a company's value chain and added some materiality qualifications, the final rules would continue to impose costly, expansive and controversial duties. The plaintiffs in the cases, including SEC registrants, say the final rules are beyond the SEC's statutory authority, that some would compel speech on

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