March 15 (Reuters) - A U.S. appeals court on Friday
temporarily paused new rules issued by the Securities and
Exchange Commission (SEC) requiring public companies to report
climate-related risks.
The New Orleans-based 5th U.S. Circuit Court of Appeals
granted a request from Liberty Energy Inc. ( LBRT ) and Nomad Proppant
Services LLC to put the rules on hold while it considers the
oilfield companies' lawsuit challenging them.
The 5th Circuit did not explain the reasoning behind the
order. It was the first court action on a flurry of lawsuits
filed over the rules since the SEC approved them March 6.
The rules aim to standardize climate-related company
disclosures about greenhouse gas emissions, weather-related
risks and how companies are preparing for the transition to a
low-carbon economy.
The SEC did not immediately respond to a request for
comment.
First
proposed in 2022
, the rules are part of Democratic President Joe Biden's
efforts to leverage federal agency rulemaking to address climate
change threats.
The companies said in court filings that the rules would
force companies to collectively spend over $4 billion in
compliance costs and could open companies up to increased
litigation.
They argued the rules go beyond the SEC's authority
under U.S. securities law, and that they are a "thinly veiled
attempt" to inject the SEC into climate policy by requiring
disclosure of a "breathtaking volume of information" about
greenhouse gas emissions and other climate concerns.
On Wednesday, the SEC told the 5th Circuit that a pause
was unnecessary, since the rules have extended compliance
deadlines that do not require disclosures before March 2026. The
agency said any potential harm to the companies is therefore not
imminent.
The agency also said the rules "fit comfortably within"
its authority to require disclosure of information important to
investors, and that they would provide "consistent, comparable
and reliable information" about climate risks.
At least 25 Republican-led states
including West Virginia
, Texas and Ohio and major business groups like the U.S.
Chamber of Commerce have challenged the rules in court,
including in the 5th, 6th, 8th and 11th U.S. Circuit Courts of
Appeals.
The Sierra Club, one of the largest environmental
advocacy groups in the U.S., has meanwhile
challenged the rules
in the U.S. Court of Appeals for the D.C. Circuit, arguing
they do not go far enough to protect investors.
It is unclear whether the 5th Circuit or one of the
other courts will ultimately hear the challenges, since the
cases are expected to be consolidated and the venue picked via a
lottery.