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Suits against SEC consolidated and assigned to Eighth Circuit (2024)

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March 26, 2024

Nine lawsuits against the Securities and Exchange Commission’s final rule on climate disclosures for publicly traded companies were consolidated last week and assigned to the U.S. Court of Appeals for the Eighth Circuit through a lottery process. Sixteen of the court’s 17 justices were appointed under Republican presidents:

Litigation over whether the SEC can require public companies to disclose their greenhouse gas emissions and other climate-related information to investors will be consolidated and reviewed by the conservative-leaning Eighth Circuit, as the result of a lottery drawing Thursday.

The Judicial Panel on Multidistrict Litigation lottery selected the US Court of Appeals for the Eighth Circuit as the venue for hearing a case consolidating nine lawsuits against the March 6 Securities and Exchange Commission regulations filed in six different circuits, according to an order. Of the St. Louis-based court’s 17 judges, only one was appointed by a Democratic president.

Twenty-five states joined energy companies and business advocates in arguing the regulation exceeds the SEC’s authority. The Republican attorneys general and business interests filed petitions to review the rules in the US courts of appeal for the Fifth, Sixth, Eighth and Eleventh circuits, which have a conservative bent. Iowa led the lawsuit in the Eighth Circuit.[1]

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