SEC climate rule unlikely to survive a Trump victory

By Avery Ellfeldt | 10/31/2024 06:31 AM EDT

The rule already faces legal challenges over its requirement that public companies provide investors with information about their climate plans and risks.

Securities and Exchange Commission Chair Gary Gensler.

Securities and Exchange Commission Chair Gary Gensler listens during a congressional oversight hearing Sept. 12, 2023. Mariam Zuhaib/AP

A victory by former President Donald Trump next week would likely upend a yearslong federal effort to require public companies to disclose the threats they face from climate change.

But a win by Vice President Kamala Harris doesn’t guarantee the controversial plan will go through either.

The Securities and Exchange Commission finalized its climate risk disclosure rule in March — only to later suspend it amid an onslaught of litigation that now sits in front of a conservative-dominated appeals court. But even if the courts uphold the rule, a potential Trump administration could take a range of steps to ensure the rule never takes effect or is short-lived, experts say.

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“If there’s a Trump victory, the rule will not likely survive,” said Allison Herren Lee, a Biden-era SEC commissioner who kick-started the process to propose the rule in 2021.

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