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NAT. ASSN. OF MANUFACTURERS v. UNITED STATES SEC

No. MO:21-CV-183-DC.

631 F.Supp.3d 423 (2022)

NATIONAL ASSOCIATION OF MANUFACTURERS and Natural Gas Services Group, Inc., Plaintiffs, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION and Gary Gensler, in his official capacity as Chair of the SEC, Defendants.

United States District Court, W.D. Texas, Midland-Odessa Division.

Signed September 28, 2022.

Attorney(s) appearing for the Case

Andrew A. Lyons-Berg , Paul W. Hughes , McDermott Will & Emery LLP, Washington, DC, Erica T. Klenicki , Patrick D. Hedren , NAM Legal Center, Washington, DC, Debbie E. Green , McDermott Will & Emery LLP, Dallas, TX, for Plaintiff National Association of Manufacturers.

Andrew A. Lyons-Berg , Paul W. Hughes , McDermott Will & Emery LLP, Washington, DC, Debbie E. Green , McDermott Will & Emery LLP, Dallas, TX, for Plaintiff Natural Gas Services Group, Inc.

B. David Fraser , Keefe Bernstein , U.S. Securities and Exchange Commission, Fort Worth, TX, Daniel Matro , Tracey A. Hardin , United States Securities and Exchange Commission, Washington, DC, for Defendants.

MEMORANDUM OPINION

Three issues appear before the Court. First, did the SEC and Chair Gary Gensler ("Defendants") suspend a rule's compliance date? They did. Second, is this agency action reviewable under the Administrative Procedure Act? It is. Third, what is the appropriate...

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