Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

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.”

Blue

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Sparks

Offshore Wind Developers Are Now 3 for 3 Against Trump

A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.

Donald Trump and offshore wind.
Heatmap Illustration/Getty Images

Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.

District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.

Keep reading...Show less
Sparks

New York’s Empire Wind Project May Resume Construction, Judge Says

The decision marks the Trump administration’s second offshore wind defeat this week.

Offshore wind.
Heatmap Illustration/Equinor

A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.

In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.

Keep reading...Show less
Green
Sparks

How Trump’s Case Against Revolution Wind Fell Apart (Again)

A federal court has once again allowed Orsted to resume construction on its offshore wind project.

Donald Trump and wind turbines.
Heatmap Illustration/Getty Images

A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).

Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”

Keep reading...Show less
Blue