The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks
ClimateChange-ClimateLaw
DECEMBER 11, 2023
Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.
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