Energy companies renew bid to halt SEC climate reporting rule

By Lesley Clark | 03/27/2024 06:27 AM EDT

Fracking companies that successfully stopped the rule in the 5th Circuit are trying again now that the litigation has moved to a different court.

The Thomas F. Eagleton Courthouse in St. Louis.

The Thomas F. Eagleton U.S. Courthouse in St. Louis houses the 8th U.S. Circuit Court of Appeals. Jin Zou/© 2018 Google

Two energy companies that won a short-lived stay of a first-of-its-kind Biden administration climate disclosure rule are trying again to halt the regulation.

Liberty Energy and Nomad Proppant Services on Tuesday asked the 8th U.S. Circuit Court of Appeals to stop the Securities and Exchange Commission rule from taking effect pending judicial review.

The request follows a Friday decision by the 5th U.S. Circuit Court of Appeals to dissolve a week-old stay it had issued against the rule because lawsuits challenging the corporate disclosure requirements had since been reassigned to the 8th Circuit.


Judges of the 5th Circuit had initially sided with the fracking companies’ claims that they would be harmed by requirements to detail the risks U.S. corporations and their investors face from rising global temperatures. The companies had argued the rule would “occupy a significant portion of public companies’ SEC filings and subject them to increased enforcement and litigation.”