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Sparks

The SEC Climate Fight Enters a New Round

Now it’s in the courts.

The SEC building.
Heatmap Illustration/Getty Images

The legal battle over the Securities and Exchange Commission’s new rule on climate-related disclosure has begun. On Thursday, the Commission issued a pause on the rule, which sets standards for publicly-owned companies to report their exposure to climate-related risks like extreme weather or future regulations in their annual filings.

The rule finalized in early March was significantly weaker than what the Commission had originally proposed in 2022. Rather than make disclosure mandatory, the regulations say that companies only have to report certain types of information, such as their greenhouse gas emissions, if they deem the information “material.” Despite this, the decision invited swift backlash from all corners, including from the energy industry, the U.S. Chamber of Commerce, Republican states, and environmental groups.

Between March 6, the day the rules were finalized, and March 14, at least nine petitions were filed in multiple courts of appeals seeking review of the final rules. Liberty Energy Inc. and Nomad Proppant Services, two oilfield service companies, filed a motion seeking a stay pending judicial review. The petitions were later consolidated for review in the U.S. Court of Appeals for the Eighth Circuit, where the Chamber of Commerce and several other business groups also filed a motion seeking a stay. Now, the Commission has decided to accede to the request and pause the rules as the court reviews the petitions.

“In issuing a stay, the Commission is not departing from its view that the Final Rules are consistent with applicable law,” the order said. “Thus, the Commission will continue vigorously defending the Final Rules’ validity in court.”

The rules were not set to go into effect until 2026, so it remains to be seen whether or by how much the legal challenges will delay implementation. Margaret Farrell, the chair of the securities law group at the firm Hinckley Allen told the Wall Street Journal that she didn’t think the legal challenges would “fundamentally change” the direction things are heading in. “There is an obligation, which the SEC underscored a few years back, to consider the impact of climate change and climate events on the business,” she said, “regardless of the new rule.”

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Sparks

Trump’s USDA Using Farmland Rule to Go After Energy Companies, Democrats Say

A proposed change in how the agency implements an obscure Cold War-era law would impose onerous reporting requirements on renewables and pipelines.

Wind turbines and a farm.
Heatmap Illustration/Getty Images

Democrats in Congress claim that a new Trump administration proposal will have a chilling effect on the energy sector by subjecting renewables and fossil fuel pipelines alike to an obscure, rarely cited Cold War-era law requiring detailed information on foreign farmland ownership be submitted to the Agriculture Department.

In late June, the Agriculture Department released a proposal to change implementation of the Agricultural Foreign Investment Disclosure Act of 1978, which requires companies to provide information to the federal government on foreign investors in farmland holdings, acquisitions, and sales. If finalized, the new rule would expand the definition of “agricultural land” in regulation to include all renewable energy facilities and pipeline corridors by explicitly tying the term to those industries’ formal codes under the North American Industry Classification System.

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Sparks

Electricity Bills Were Higher Than Ever in July

Americans paid $217 on average for electricity last month, according to Heatmap and MIT’s Electricity Price Hub.

A plug graph.
Heatmap Illustration/Getty Images

July is typically the season of high electricity bills, and this year is no exception.

Nationally, the average electricity bill spiked to $217, an all-time high, according to new data from Heatmap and MIT’s Electricity Price Hub. That’s up from $177 in June, and $215 last July. Meanwhile, electricity rates were 19 cents per kilowatt-hour, virtually unchanged from June and slightly higher than July of last year.

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Scoop: Clearway Cancels Plan to Swap Solar Farm for Data Center and Gas Plant

The energy developer is backing off after a Heatmap report.

Solar panels and a gas plant.
Heatmap Illustration/Getty Images

Clearway says it is backing off its plans to build a data center and gas power plant on federal land, days after Heatmap revealed the energy developer’s proposal.

Last week, I reported that Clearway asked the Trump administration’s Bureau of Land Management to swap a five year-old application for a solar farm’s permits with “a proposed data center and natural gas facility.” Clearway’s chief development officer John Woody had written in a letter to BLM dated April 3 that the swap was “the result of a shift in our internal development priorities” and intended “to better align with the goals of our Administration.” He also noted the plans were in “exploratory early stages.”

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