Davis Polk counsel David Zilberberg discussed the uncertain fate of the SEC’s climate disclosure rule under the second Trump administration with Agenda.

David noted that the rule is currently stayed in the 8th Circuit Court of Appeals, pausing the 2025 effective date. “While the SEC could choose to not defend it, the court might permit the states that intervened in the case in favor of the rule to continue to defend it in the SEC’s place,” he explained. “And if the rule somehow survives the litigation before a repeal is finalized, the SEC can decide not to enforce it.”

“Four Regulations with Uncertain Fates Under Trump,” Agenda (January 13, 2025) (subscription required) 

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