Over at The Volokh Conspiracy, Jonathan Adler has posted “Does West Virginia v. EPA Doom the SEC’s Climate Disclosure Rule?” Here is a brief excerpt:

One regulatory proposal sure to get additional scrutiny in the wake of WVA v. EPA is the Security and Exchange Commission’s proposal to “enhance and standardize climate-related disclosures for investors.” In today’s Wall Street Journal, former SEC Commissioner Paul Atkins and former OIRA Administrator Paul Ray make the case that the SEC’s proposal is likely to be struck down in light of the WVA decision. According to Atkins and Ray, the SEC is seeking to repurpose pre-existing statutory authority to address a new concern outside of the SEC’s core expertise. In other words, it is seeking to pour new wine out of old bottles, and this is something the Court rejected in WVA (as well as in its decision invalidating the OSHA test-or-vax mandate)….

More broadly, WVA v. EPA and NFIB v. Dept. of Labor suggest that the Court is likely to be skeptical of the Biden Administration’s “whole of government” approach to climate change insofar as it involves deploying statutory authority that was not enacted with climate change in mind…. [T]he Court is wary of agencies repurposing existing statutory authority without congressional approval. This creates a serious obstacle for climate measures that are not authorized by Congress.