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US appellate court pauses on climate rule challenges

Court documents show that a federal appeals court said on Friday it would suspend its consideration of the legal challenges against U.S. Securities and Exchange Commission climate regulations until Wall Street regulators decide whether they will change them or defend them in court.

The SEC, under former president Joe Biden adopted rules that required publicly traded companies, led by Republican states, to inform investors about climate risks, emissions, and spending. Republican-led state and an industry group immediately challenged this in court. In March, under Republican President Donald Trump the SEC decided to stop defending this rule.

The U.S. Court of Appeals, Eighth Circuit, issued an order Friday saying that the legal challenges would be put on hold to encourage judicial economy because the SEC refused to defend its rule in court, or to say if it intended to modify the rule or scrap it entirely.

The order stated that it was the responsibility of the SEC to decide whether the Final Rules would be rescinded or repealed. It also noted that the SEC already had stayed the regulations’ effective date while the legal challenge was ongoing, so a delayed court ruling would not harm.

The SEC didn't immediately respond to requests for comment, but in July the agency informed the court that it had no intention of reconsidering the rule and asked the court to continue the case anyway. Reporting by Douglas Gillison, Washington; Editing and proofreading by David Gregorio

(source: Reuters)