SEC Commissioner Mark T. Uyeda identified areas for improvement in the SEC's approach to rulemaking.
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Dissents to recent SEC rulemakings are garnering attention for their tone and for their challenges to the agency's legal reasoning and authority.
The SEC published a list of rules to be reviewed under the Regulatory Flexibility Act and invited public comment on whether any changes to the listed rules should be considered.
SEC Commissioner Mark T. Uyeda criticized the SEC's proposal to incorporate ESG factors into rulemaking, describing the proposals as "staggering in their complexity and reach."
SEC Commissioner Mark T. Uyeda emphasized the need for the SEC to follow standards of due process in creating rules, warning that procedural shortcuts will result in poor rulemaking and challenges under the Administrative Procedures Act.