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How The Litigation Over The US SEC’s Climate Rules Will Play Out For Companies

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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