SEC Climate Rule
SEC Release No. 33-11275 — The Enhancement and Standardization of Climate-Related Disclosures for Investors
Topic : ESG disclosure · Level : National
Today
Rule stayed since Apr 2024; rescission proposed 29 May 2026 (FR 3 Jun 2026, comments closed 3 Aug 2026); no final vote yet.
Summary
The SEC adopted climate disclosure rules in March 2024 but stayed them during litigation. In 2025 the SEC stopped defending them, and on 29 May 2026 it proposed to rescind them entirely. No company has to comply today.
Who is concerned
- Turnover
- not specified (phase-in by filer status)
- Employees
- non précisé
- Listed company
- cotées seulement
- Sectors
- All sectors
- Triggering activities
- SEC-registered issuer filing 10-K/20-F
- Securities registration statement
- Extraterritorial reach
- Yes
Applies to foreign private issuers filing with the SEC; no direct duty on non-US suppliers.
- Examples
- US large accelerated filer
- Foreign private issuer listed on NYSE
- Nasdaq-listed mid-cap
What the law requires
- Disclose material climate risks and their effect on strategy (rule stayed)
- Disclose material Scope 1 and 2 emissions for larger filers (rule stayed)
- Report severe weather costs in financial statement notes (rule stayed)
Penalties
No specific fines in the rule; general federal securities law remedies would apply. Not enforceable while stayed.
What this changes for a supplier in China
No direct obligation. US buyers face less SEC pressure on climate data, but California SB 253 and EU rules still drive emission data requests to Chinese suppliers.
Expected evidence
- Scope 1 and 2 emissions data on request
- Energy consumption records
- Climate risk notes for key sites
Tiers : Tier 1