Professor Grundfest’s article, at here, notes that it is not clear that the SEC has administrative authority to adopt the proposed rule, and also that there is a question under the Supreme Court’s controversial “major questions doctrine” relevant to the proposal.  He notes that advocates of the SEC’s proposed rule should “be concerned that the Biden administration stands on the cusp of an avoidable regulatory tragedy. By pushing the SEC, but not the EPA, to adopt sensible GHG disclosure rules, and by not advocating for a coordinated EPA-SEC reporting regime, the Biden administration fails to deliver on its ‘whole of government’ promise and risks having the SEC adopt climate rules that are a bridge to nowhere.”