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US APPEALS COURT TEMPORARILY HALTS SEC’S CLIMATE CHANGE DISCLOSURE RULES

By Tim Baines, David Carpenter, Paul de Bernier, Anthony Felix, Stephanie Hurst, Peter Pears, Anna T. Pinedo, Laura D. Richman, Oliver Williams & Kimberly Hamm on March 25, 2024
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On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of the climate-related disclosure rules recently adopted by the US Securities and Exchange Commission (the “SEC”). The SEC rules require public companies to provide information about climate-related risks that could significantly impact their business or financial statements. See our previous Legal Update for a more detailed discussion of the SEC rules adopted on March 6, 2024.

The petition for administrative stay (i.e., a stop order) was filed by certain oil-field-services companies, who requested the stay as interim relief while the court continues to review the legal challenges to the SEC rules. The Fifth Circuit did not explain its one-sentence order granting the stay.

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Photo of Tim Baines Tim Baines

Tim Baines is a partner in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning…

Tim Baines is a partner in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning and environmental regimes, renewables incentives regimes, and emissions and climate-related matters.

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Photo of David Carpenter David Carpenter

David Carpenter is a partner in Mayer Brown’s New York office. He previously served as the Co-Leader of Mayer Brown’s New York Corporate & Securities practice group. He focuses primarily on mergers and acquisitions, divestitures and sales of businesses, joint ventures and strategic…

David Carpenter is a partner in Mayer Brown’s New York office. He previously served as the Co-Leader of Mayer Brown’s New York Corporate & Securities practice group. He focuses primarily on mergers and acquisitions, divestitures and sales of businesses, joint ventures and strategic alliances, with particular emphasis on cross-border transactions. His practice also includes representing clients in connection with PIPEs, venture capital and early stage investment activities as well as on corporate governance matters.

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Photo of Stephanie Hurst Stephanie Hurst

Stephanie Hurst is a partner in the Corporate & Securities practice in Los Angeles whose practice focuses on M&A, venture capital, private equity and other corporate transactions, including joint ventures and other collaborations, with a particular focus on cross-border transactions.

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Photo of Peter Pears Peter Pears

Peter Pears is a partner in the Banking & Finance practice of the London office. He acts for issuers and underwriters on a range of domestic and international capital markets products including Eurobond, medium term note, commercial paper, regulatory capital, corporate hybrid and…

Peter Pears is a partner in the Banking & Finance practice of the London office. He acts for issuers and underwriters on a range of domestic and international capital markets products including Eurobond, medium term note, commercial paper, regulatory capital, corporate hybrid and liability management transactions. Peter’s clients include financial institutions, major corporations, sovereigns, municipalities and supranationals across Europe, the United States, Africa and Asia. Peter has considerable experience in sustainable debt and ESG principles and regularly advises on green, social and sustainable bonds, sustainability-linked bonds and ESG regulatory matters. In addition to his debt capital markets practice, Peter has experience advising on a variety of infrastructure finance transactions, including project bonds, private placements and whole business securitizations.

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Photo of Anna T. Pinedo Anna T. Pinedo

Anna Pinedo is a partner in Mayer Brown’s New York office and a member of the Corporate & Securities practice. She concentrates her practice on securities and derivatives. Anna represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and…

Anna Pinedo is a partner in Mayer Brown’s New York office and a member of the Corporate & Securities practice. She concentrates her practice on securities and derivatives. Anna represents issuers, investment banks/financial intermediaries and investors in financing transactions, including public offerings and private placements of equity and debt securities, as well as structured notes and other hybrid and structured products.

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Photo of Oliver Williams Oliver Williams

Oliver Williams is an associate in the Banking & Finance practice of the London office. He is also an active member of the firm’s Global ESG Group.

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  • Posted in:
    Business and Commercial
  • Blog:
    Eye on ESG
  • Organization:
    Mayer Brown
  • Article: View Original Source

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