Key Impact Points:

• 61% of attorneys surveyed believe the SEC’s new climate disclosure rule will face significant changes or be invalidated.
• Legal challenges and industry pushback are the primary concerns driving skepticism.

A recent Bloomberg Law survey highlights that a significant majority of attorneys doubt the SEC’s new climate disclosure rule will survive intact. The rule, which mandates detailed climate-related financial disclosures, is under scrutiny from various industry groups and faces potential legal challenges.

The proposed rule, unveiled by the SEC, requires public companies to disclose comprehensive climate-related financial data, including greenhouse gas emissions and climate risks. These disclosures aim to enhance transparency and help investors make more informed decisions. However, the legal community anticipates substantial hurdles.

Survey Insights:

• 61% of respondents expect the rule to be heavily modified or struck down entirely.
• Main concerns include the rule’s broad scope and the potential for increased litigation.
• One attorney noted, “The rule’s expansive requirements will likely face fierce opposition from multiple fronts, leading to substantial revisions or court interventions.”

Industry Reactions:

• Many corporations are apprehensive about the increased burden of compliance.
• There is a fear of “regulatory overreach,” with some arguing that the rule could lead to inconsistent and confusing disclosures.
• A legal expert commented, “The SEC’s ambitious agenda might be curtailed by both practical challenges and judicial scrutiny.”

Potential Legal Challenges:

• Several industry groups are already preparing to challenge the rule in court.
• Arguments are expected to focus on the SEC’s authority and the economic impact of the new requirements.
• A survey participant stated, “Legal battles are inevitable, and the rule’s current form is unlikely to withstand them unscathed.”

While the SEC’s proposed climate disclosure rule marks a significant step towards increased transparency in ESG reporting, its future remains uncertain. The strong opposition from the legal community and anticipated legal challenges suggest that the rule, as it stands, may undergo significant changes. Companies and investors alike should prepare for a prolonged period of regulatory and judicial review before any definitive requirements are established.

For more details, visit Bloomberg Law Analysis.