The gist of the case is not as to a dispute over whether Exxon's business will be harmed by climate change, or even as to whether climate change regulation will hurt Exxon. Rather, the complaint is with Exxon's description of the manner in which it described the potential costs of climate change regulation and the manner in which it calculated those costs.

The gist of the case is not as to a dispute over whether Exxon's business will be harmed by climate change, or even as to whether climate change regulation will hurt Exxon. Rather, the complaint is with Exxon's description of the manner in which it described the potential costs of climate change regulation and the manner in which it calculated those costs. 

Commissioner Behnam's remarks included some pointed criticisms of CFTC Chair Giancarlo. In reference to the that Chair Giancarlo published on cross-border regulation, Mr. Behnam asserted that CFTC commissioners ought to act only through formal Commission action, such as the issuance of concept releases or formal rule makings. 

There is nothing in the law that limits the ability of CFTC commissioners to take individual public stands…

The pricing of market data is an area where the views of the Commissioners have tremendous significance. Although the SEC says that it does not want to declare winners and losers, but rather allow them to be chosen through market competition, when it comes to market data, the regulators determine the rules and the rules largely determine the winners.