Energy & Sustainability Litigation Updates – June 2023
Regulatory Updates — SEC
The SEC recently indicated that its proposed climate change disclosure rule would likely be finalized and released in October 2023. This is fully 18 months after it was initially proposed in March 2022. While this delay is unsurprising given the complexities of the proposed rule and the significant amount of public engagement, this delay creates additional difficulties for regulated entities due to the longer period of uncertainty as to what will and will not be included in the final SEC climate change disclosure rule. It is also unclear when the SEC will mandate compliance with the final rule — although litigation challenging the final climate change disclosure rule may well further extend any proposed compliance date.
Regulatory Updates — CFTC
The Commodity Futures Trading Commission (CFTC) recently issued a call for whistleblower tips in connection with fraud or manipulation in the carbon markets. This alert specifically focused on the possibility for fraud or manipulation with respect to carbon offsets. This announcement by the CFTC is effectively a means for the CFTC to assert regulatory authority in connection with the voluntary carbon credit market and to indicate that the CFTC plans to pursue regulatory enforcement actions in this area.
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