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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

The Solar Industry Is Begging Congress for Help With Trump

A letter from the Solar Energy Industries Association describes the administration’s “nearly complete moratorium on permitting.”

Doug Burgum and Donald Trump.
Heatmap Illustration/Getty Images, Library of Congress

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The Solar Energy Industries Association on Thursday published a letter it sent to top congressional leaders of both parties asserting that a July memo from Interior Secretary Doug Burgum mandating “elevated” review for renewables project decisions instead resulted in “a nearly complete moratorium on permitting for any project in which the Department of Interior may play a role, on both federal and private land, no matter how minor.” The letter was signed by more than 140 solar companies, including large players EDF Power Solutions, RES, and VDE Americas.

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Blue
Sparks

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The senator spoke at a Heatmap event in Washington, D.C. last week about the state of U.S. manufacturing.

Senator Cortez Masto
Heatmap

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Senator Catherine Cortez Masto of Nevada, a Democrat who sits on the Senate’s energy and natural resources committee, expressed frustration with the Trump administration rolling back policies in the Inflation Reduction Act and Infrastructure Investment and Jobs Act meant to support critical minerals companies. “If we want to, in this country, lead in 21st century technology, why aren’t we starting with the extraction of the critical minerals that we need for that technology?” she asked.

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Flames have erupted in the “Blue Zone” at the United Nations Climate Conference in Brazil.

A fire at COP30.
Screenshot, AFP News Agency

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The timing couldn’t be worse. Today is the second to last day of the annual climate meeting known as COP30, taking place on the edge of the Amazon rainforest in Belém, Brazil. Delegates are in the midst of heated negotiations over a final decision text on the points of agreement this session.

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