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Eighth Circuit Declines to Advance SEC Climate Disclosure Litigation

On September 12, 2025, the U.S. Court of Appeals for the Eighth Circuit paused challenges to the SEC’s climate-related disclosure rules. Earlier this year, the SEC stopped defending the rules in court—while at the same time asking the judges to decide the case. 

The court refused, noting that the rules have been paused, and that it is “the agency’s responsibility to determine” whether the rules “will be rescinded, repealed, modified, withdrawn, or defended” in court. The court explained that the pause will be lifted only if the agency formally reconsiders the Final Rules or elects to defend the rules in the future.

It is the agency’s responsibility to determine whether its Final Rules will be rescinded, repealed, modified, or defended in litigation.

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esg, chicago, new york, united states