New SEC Climate Rules Likely To Come Under Intense Scrutiny as an Example of ‘Regulatory Overreach’

‘The SEC has turned into a ‘regulate everything’ agency,’ one critic of the new rules says.

Evelyn Hockstein-Pool/Getty Images
The chairman of the Securities and Exchange Commission, Gary Gensler, at an oversight hearing on September 14, 2021. Evelyn Hockstein-Pool/Getty Images

New rules from the Securities and Exchange Commission requiring companies to report their greenhouse gas emissions are poised to unleash a wave of litigation against what critics see as a clear case of regulatory overreach.

The rules, released by the SEC last week, require regulated issuers to disclose information regarding their greenhouse gas emissions and other climate-related information. Ten states have already filed a petition for review in the 11th Circuit of the United States Court of Appeals to challenge them. Many publicly traded companies subject to compliance could also sue as the cost of compliance with climate regulations skyrockets. 

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