SEC’s Climate Disclosure Proposal: Part 2 - Potential Legal Challenges and Vulnerabilities

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In this second in a three-part series for Accelerate ESG, Akin Gump climate change group co-leader Ken Markowitz leads a conversation with ESG and climate change groups co-leader Stacey Mitchell and litigation partner Stephanie Lindemuth on the legal challenges that may arise in response to the Securities and Exchange Commission’s (SEC) proposed amendments requiring public companies to provide climate-related information in their registration statements and annual reports.

Topics include:

• Where is the SEC vulnerable to legal attack?
• What are the limits to the SEC’s statutory authority?
• What is the significance of the U.S. Supreme Court decision in West Virginia v. EPA?

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