We previously blogged about the final climate disclosure rules, and how the Securities and Exchange Commission (SEC) voluntarily stayed implementation of the final rules pending the completion of judicial review of the consolidated Eighth Circuit cases.

Last week, the Eighth Circuit issued an order for the briefing schedule of the consolidated litigation involving the SEC’s final climate disclosure rules.

The schedule includes the following important dates:

  • June 14, 2024: Petitioners’ opening brief
  • June 24, 2024: Briefs by supporting intervenors or amici
  • August 5, 2024: Respondent’s consolidated response brief
  • August 15, 2024: Briefs by supporting intervenors or amici
  • September 3, 2024: Petitioners’ reply brief

The SEC indicated in a related court filing that it would provide a new effective date for the final climate disclosure rules at the conclusion of its voluntary stay (assuming the rules survive litigation).

If you have any questions, please email the author directly or, if applicable, contact your primary Bass, Berry & Sims relationship attorney.