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SEC Proposes Rescinding Climate Disclosure Rules, Citing Statutory Authority

SEC Proposes Rescinding Climate Disclosure Rules, Citing Statutory Authority

The Securities and Exchange Commission on Wednesday proposed rescinding its climate-related disclosure rules, a move Chairman Paul Atkins framed as a matter of statutory authority and materiality. The proposal, if finalized, would scrap requirements for public companies to report climate risks, emissions data, and related governance — a shift that crypto firms have been tracking for months.

Why the SEC is pulling back

Atkins argued the original rule, adopted under the previous administration, went beyond what the SEC can legally demand. He pointed to the agency's traditional focus on financial materiality — information a reasonable investor would consider important to an investment decision. Climate risks, he said, don't always meet that bar. The rescission proposal runs about 80 pages and leans heavily on the Administrative Procedure Act, arguing the earlier rulemaking was procedurally flawed.

What crypto firms stand to gain — or lose

Crypto companies have been split on climate disclosure. Some, especially those with large energy footprints from mining, worried the rules would force them to publish emissions data that could invite scrutiny or litigation. Others, including a handful of publicly traded miners, had already started preparing for compliance. The rescission removes that near-term pressure. But it also removes a clear federal standard — meaning state-level climate laws and voluntary frameworks like the Task Force on Climate-Related Financial Disclosures could become the de facto rules, creating a patchwork that's harder to navigate.

A broader regulatory signal

The move may signal a narrower approach to disclosure mandates across the board. Under Atkins, the SEC has already pulled back on cybersecurity disclosure guidance and signaled skepticism of broad ESG rules. For crypto firms, that could mean less pressure to report on everything from board diversity to political spending. But it also means the agency is less likely to step in with tailored rules for digital assets — leaving the field to Congress and state regulators.

What happens next

The proposal is now open for public comment for 60 days. A final decision is expected before the end of the year. Legal challenges are almost certain — environmental groups and some state attorneys general have already signaled they'll sue if the rescission is finalized. For now, crypto firms that had been budgeting for climate compliance can probably put those plans on hold.