The Fifth Circuit has temporarily halted the Securities and Exchange Commission’s (SEC) climate reporting rules following litigation challenging the regulations. Liberty Energy Inc., a fracking company, requested a pause as it pursued its case. The decision was a setback for the SEC in the ongoing legal battle over regulations requiring companies to disclose greenhouse gas emissions and other climate-related information.
Liberty Energy argued for the stay, citing potential “irreversible injury” from compliance costs and constitutional concerns. The SEC countered, dismissing these claims as speculative. The Fifth Circuit’s administrative stay, issued without explanation, prevents the rules from taking effect during the litigation process.
Multiple lawsuits contesting the SEC regulations are pending across various circuits, with a lottery expected to determine the court handling consolidated cases. Republican attorneys general and environmental groups have filed suits, reflecting broader ideological divides.
While Republican-appointed judges dominate certain circuits, others are majority Democratic-appointed, adding complexity to the legal landscape. In this evolving legal saga, the fate of the SEC’s climate reporting rules remains uncertain, pending further court proceedings and decisions.
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