Heritage Foundation v. U.S. Securities & Exchange Commission

The Heritage Foundation and the leader of its Oversight Project filed a Freedom of Information Act (FOIA) lawsuit against the Securities and Exchange Commission (SEC) seeking records related to the SEC’s proposed climate disclosure rule. The records sought included emails and text messages sent between any SEC personnel and individuals or entities outside the Executive Branch, individuals in the Executive Office of the President, individuals in agencies that are members of the Financial Stability Oversight Council, and individuals in the U.S. Environmental Protection Agency. The plaintiffs also requested analyses related to the proposed rule’s costs, records related to the First Amendment and the proposed rule, records to show the proposed rule’s impact on energy prices or other costs, and records regarding SEC personnel who worked on the rule and other federal agencies or entities with whom the SEC coordinated.