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Biden SEC’s ESG rules remain mostly unfinished (2024)

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September 10, 2024

Gary Gensler announced his plans for rules related to ESG investing when he became chairman of the Securities and Exchange Commission (SEC) under Biden almost four years ago. With less than five months left in Biden’s presidency, major parts of the plan—including the corporate emission and climate reporting rules—remain unfinished or stuck in the courts:

The Democrat arrived at the Securities and Exchange Commission in 2021, after George Floyd’s murder in 2020 and President Joe Biden’s election that year fueled interest in environmental, social and governance investing. Gensler wanted public companies to report details about their climate change risks, workforce management and board members’ diversity. He also sought new rules to fight greenwashing and other misleading ESG claims by investment funds.

Almost four years later, most of those major ESG regulations are unfinished, and they’ll likely remain so in the less than five months Gensler may have left as chair. A conservative-led backlash against ESG and federal agency authority has fueled challenges in and out of court to corporate greenhouse gas emissions reporting rules and other SEC actions, helping blunt the commission’s power.

The climate rules—Gensler’s marquee ESG initiative—were watered down following intense industry pushback, then paused altogether after business groups, Republican attorneys general and others sued.[1]

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  1. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.