SEC defends embattled climate disclosure rule in court

By Lesley Clark | 08/07/2024 06:22 AM EDT

Critics say the rule is beyond the agency’s purview. The administration says it’s less about protecting the climate and more about shielding investors.

The seal of the U.S. Securities and Exchange Commission.

Securities and Exchange Commission headquarters in Washington. Andrew Harnik/AP

Wall Street’s top regulator is defending its embattled climate disclosure requirements for companies, arguing that the rule is about protecting investors — not advancing environmental policy.

In a brief filed Tuesday with the 8th U.S. Circuit Court of Appeals, the Securities and Exchange Commission said the now-paused rule will give clarity to shareholders and help them protect their financial interests.

“Despite the growing importance of such information to investors and an increase in climate-related information being provided by some companies … there is a need to improve the consistency, comparability, and reliability of climate-related disclosures,” SEC attorneys said.

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SEC said that while preparing the rule, commission staff found that both institutional and retail investors have “found much of the voluntary climate-related reporting to be lacking in quality and completeness and difficult to compare.”

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