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SEC Proposes Rescinding Biden-Era Climate Disclosure Rule

The commission says the rule exceeded its legal authority so it proposed rescission, opening a 60-day public comment period.

Overview

  • The SEC on Friday proposed formally rescinding the 2024 climate-disclosure rule and opened a 60-day notice-and-comment period before any final action.
  • The 2024 rule would have required public companies to report climate risks, board governance of those risks, select financial impacts, and Scope 1 and Scope 2 greenhouse gas emissions, but it never took effect after legal challenges and a court stay in April 2024.
  • Chair Paul Atkins and the commission say the rule exceeded the agency’s statutory authority, conflicted with a materiality-based standard for investor disclosures, and imposed substantial costs on companies and shareholders.
  • Investor-advocacy groups and environmental organizations say rescission will leave investors with inconsistent information and greater difficulty comparing companies, while business and conservative groups praise the move as deregulatory relief.
  • Even if the SEC removes the federal rule, companies will still face state and international requirements such as California’s disclosure law and the EU’s CSRD, creating a patchwork of different standards and potential information gaps for investors.