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The Ongoing Battle Over SEC’s Climate Disclosure Rule and Its Implications for the Future

April 22, 2024
By CSE
Climate disclosure rule

The House Financial Services Committee has stepped into the limelight with a bold challenge to the Securities and Exchange Commission’s (SEC) recently paused climate-risk disclosure rule. This move could potentially dismantle the rule through a Congressional Review Act challenge, pending outcomes in both the House and Senate, and possibly facing a presidential veto.

Climate disclosure rule

During a heated session, high-profile testimonies were heard from former SEC officials, academic experts, and industry leaders such as Chris Wright, CEO of Liberty Energy. Wright described the temporary suspension of the rule as a “pleasant surprise,” reflecting the contentious nature of the proposed disclosures among industry stakeholders.

Industry Backlash and Legal Challenges

The climate disclosure rule has sparked notable opposition, especially from sectors like oilfield services and frac sand provision, exemplified by companies like Liberty Energy and Nomad Proppant Services. These companies have been at the forefront of the legal fight, achieving a temporary suspension in the U.S. Fifth Circuit Court of Appeals. The industry argues that the rule imposes undue compliance costs, while proponents like Jill Fisch, a business law professor, argue it is essential for reducing information asymmetry and aiding investor decisions.

In the aftermath of the congressional hearing, advocacy group Unlocking America’s Future criticized the attempts to undercut the rule, highlighting broad public support for climate disclosures. A poll conducted by Morning Consult revealed significant bipartisan support among American voters for mandatory climate risk disclosures by publicly traded companies.

Former Vice President Al Gore has voiced confidence that the advancement of green technologies and sustainable practices will continue irrespective of political headwinds. His comments come at a crucial time when global elections could influence the pace of climate action. Gore stresses that while the progress is inevitable, the rate of adoption is critical to effectively counter the escalating climate crisis.

The Path Forward

As debates rage and the world watches, the outcome of these political maneuvers will crucially impact the speed and effectiveness of climate-related financial disclosures. The ongoing legislative battles underscore the broader global narrative towards a sustainable, low-carbon economy, highlighting the urgent need for clarity and action in environmental policies.

Take the Next Step

Stay informed about the developments in climate policy and understand the implications for investors, business leaders and the broader financial system as these events unfold.

Join our upcoming Certified Sustainability (ESG) Practitioner Program, Leadership Edition 2024, on May 9-10 &13, 2024. This intensive program equips sustainability ESG professionals with the knowledge and skills to lead their organizations through the evolving regulatory landscape.

Register here today.

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