News & Events

Leah Malone, Leader of Simpson Thacher’s ESG and Sustainability Practice, was quoted in articles by Bloomberg Law and Pensions & Investments, which discussed how the U.S. Supreme Court decision in Loper Bright may impact various ESG-related rules. In discussing with Bloomberg Law the potential impact of the decision on the SEC’s workforce disclosure rules, Leah noted, “While rulemaking has always been a deliberate process, I think we may see agencies taking even more time to issue new rules, buttressing their adopting releases with additional support, and potentially increasing their stakeholder outreach as well.” In the context of the Fifth Circuit’s challenge to the DOL’s ESG investing rule, Leah indicated to Pensions & Investments that, given the Fifth Circuit has largely moved away from applying the Chevron deference, “It is likely that the more significant test may come before a lower court or circuit court that has been regularly applying Chevron deference in its review.”

To read the Bloomberg Law article, please click here (subscription required).

To read the Pensions & Investments article, please click here.