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Court Backs Companies’ Free Speech Over Conflict Minerals
August 21, 2015 | Fern Abrams, IPCEstimated reading time: 1 minute
The U.S. Court of Appeals for the District of Columbia Circuit declared on August 18 that the U.S. Securities and Exchange Commission (SEC) cannot force public companies to declare whether their products may contain “conflict minerals.”
The 2-1 ruling by the Court of Appeals upheld their April 2014 finding that stayed part of the reporting requirements because they violate free speech. The ruling still largely upholds the majority of the SEC’s conflict minerals rules, which went into effect last year. Companies still must conduct due diligence to try and track the origins of minerals including tantalum, tin, gold or tungsten and file reports to the SEC with their findings, but they are not required to state whether or not the products are deemed “conflict free.”
The decision on Tuesday was the second time that the three-judge panel has reviewed the regulator’s conflict minerals rule. The panel issued the same findings In April 2014, but the SEC asked for a re-hearing, after the U.S. appeals court later upheld another federal regulation requiring companies to label the origins of meat. In Tuesday’s ruling, the court found that the meat labeling case is distinct from the conflict minerals rule. The court also questioned whether the SEC’s rule would truly help diminish the humanitarian crisis, saying such an impact is “entirely unproven and rests on pure speculation.”
An SEC spokeswoman said the agency is reviewing the decision. The agency still has the right to appeal yesterday’s ruling.
Suggested Items
China Plus One, Part 3: Inorsen Group, a Vietnam Success Story
07/03/2025 | Manfred Huschka, Manfred Huschka Management Consulting (Shenzhen) Ltd.In recent years, Western OEMs have continued to push for China Plus One factories and the advancement of China’s Belt and Road Initiative (BRI). At present, there are two main modes for PCB companies to go global: building greenfield factories or through mergers and acquisitions (M&A). Thailand is currently the primary geographic choice to build greenfield factories, whereas, increasingly, mergers and acquisitions in Vietnam and Malaysia provide opportunities for companies to expand markets and acquire resources.
SMT007 Magazine July—What’s Your Competitive Sweet Spot?
07/01/2025 | I-Connect007 Editorial TeamAre you in a niche that’s growing or shrinking? Is it time to reassess and refocus? We spotlight companies thriving by redefining or reinforcing their niche—what are their insights? In the July 2025 issue of SMT007 Magazine, we spotlight companies thriving by redefining or reinforcing their niche and offer insights to help you evaluate your own.
Dan’s Biz Bookshelf: ‘Believe in Better'
06/26/2025 | Dan Beaulieu -- Column: Dan's Biz BookshelfIf you’re looking for a book that inspires and challenges you to rethink the fundamental principles that drive success, Damon Stafford’s "Believe in Better: The Evolution of Core Principles That Pioneered an Industry" is a must-read. It presents the values and strategies that have propelled groundbreaking companies to the forefront of innovation, leadership, and sustainability.
Global Sourcing Spotlight: Evaluating a Supplier’s Capabilities
06/18/2025 | Bob Duke -- Column: Global Sourcing SpotlightGlobal sourcing is essential for companies looking to improve cost efficiency, access innovation, and optimize supply chains. Successfully identifying and collaborating with the right suppliers on a global scale requires rigorous evaluation processes. Businesses must ensure suppliers meet industry standards, are financially stable, and can scale alongside their growth.
CE3S Launches EcoClaim Solutions to Simplify Recycling and Promote Sustainable Manufacturing
05/29/2025 | CE3SCumberland Electronics Strategic Supply Solutions (CE3S), your strategic sourcing, professional solutions and distribution partner, is proud to announce the official launch of EcoClaim™ Solutions, a comprehensive recycling program designed to make responsible disposal of materials easier, more efficient, and more accessible for manufacturers.