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US ESG Battle Now Shifts to Courts

At the start of last month, the U.S. Securities and Exchange Commission (“SEC”) revealed that it would take more time in the implementation of new reporting rules for public companies as they dealt with the courts. This comes after the U.S. Court of Appeals for the Fifth Circuit halted the change, within days of adoption. The rules, which touch on environment, social and government (“ESG”) issues, are being challenged in other federal courts and by different groups.

For instance, workers supported by right-wing groups in New York have filed a lawsuit accusing the state’s pension managers of breaking their fiduciary duty for moving from investing in fossil-fuel companies. In California, the U.S. Chamber of Commerce is suing to block the new carbon disclosure regulations from implementation. The disclosures focus on carbon emissions along a company’s supply chain, and while companies…

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