SEC to Redraft Resource Extraction Rule, Will Not Appeal Federal Court Ruling | Practical Law

SEC to Redraft Resource Extraction Rule, Will Not Appeal Federal Court Ruling | Practical Law

The SEC will not appeal the US District Court for the District of Columbia's ruling that vacated the SEC's resource extraction rule. The SEC plans to redraft the resource extraction rule to address concerns expressed in the District Court's ruling. 

SEC to Redraft Resource Extraction Rule, Will Not Appeal Federal Court Ruling

Practical Law Legal Update 5-540-1368 (Approx. 3 pages)

SEC to Redraft Resource Extraction Rule, Will Not Appeal Federal Court Ruling

by Practical Law Corporate & Securities
Published on 04 Sep 2013USA (National/Federal)
The SEC will not appeal the US District Court for the District of Columbia's ruling that vacated the SEC's resource extraction rule. The SEC plans to redraft the resource extraction rule to address concerns expressed in the District Court's ruling.
On September 3, 2013, the SEC announced to news media that it will not appeal a July ruling by the US District Court for the District of Columbia that vacated the SEC's resource extraction rule (for more on the ruling, see Legal Update, SEC's Resource Extraction Rule Vacated and Remanded). The rule, adopted by the SEC in August 2012, required resource extraction issuers listed on a US stock exchange to disclose in an annual report (on new Form SD) payments made to foreign governments or the US federal government for the commercial development of oil, natural gas or minerals. It was required under Section 1504 of the Dodd-Frank Act, which added Section 13(q) to the Exchange Act. The rule would have required disclosure for fiscal years ending after September 30, 2013.
The SEC plans to redraft the resource extraction rule through a new rulemaking process, taking into account concerns expressed in the District Court's ruling. It is unclear when a new proposal could be issued.