William & Mary Business Law Review
Abstract
This Article informs the reader as to the current state of the U.S. Securities and Exchange Commission’s (SEC or Commission) Release No. 33-11275, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules), approved and then stayed by the Commission in March of 2024 and now being challenged in the Eighth Circuit Court of Appeals. It argues that the Final Rules are sound and should be upheld for seven articulated reasons, taking into account the arguments made by petitioners and amici curiae in the Eighth Circuit. Moreover, the Article argues that even with Chevron overturned, the Final Rules meet the new standard of judicial review of administrative rule-making under Loper Bright and other recently preceding U.S. Supreme Court decisions.
Finally, the Article informs the reader of the long lead-up to the Final Rules and sets them in a forward-looking global context.