United States:
How The Litigation Over The US SEC's Climate Rules Will Play Out For Companies
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ESG Co-chair Jacob Hupart spoke with Lexology PRO,
providing insight into how the litigation over the SEC climate
disclosure rule may play out.
Jacob noted the difficulty in speculating on court actions, but
mentioned, "[T]here have been public statements by certain SEC
commissioners outlining detailed legal objections to the SEC's
mandatory climate disclosure rule. It is quite possible that the
courts may seize on this reasoning, especially the invocation of
the 'major questions' doctrine, as this dovetails with a
wider conservative legal project to curtail the role of the
administrative state."
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