Coinbase moves forward with appeal of SEC’s rulemaking petition denial 

The exchange argues that SEC acted arbitrarily in denying the petition for rulemaking, which Coinbase filed in June 2022

share

Coinbase on Monday continued its effort to nail down concrete industry rules from the US Securities and Exchange Commission. 

Attorneys for the American exchange giant filed their opening brief in their case against the SEC in the Third Circuit Court of Appeals. Coinbase is asking the court to grant their petition for review, overturn the SEC’s denial and order the securities regulator to begin the rulemaking process. 

“The [SEC] is asserting sweeping new authority over a vibrant, rapidly expanding industry — digital assets,” Coinbase’s team wrote in the brief. “But the SEC is pursuing this power grab through enforcement actions, and it has refused to set forth its new interpretation of its enabling statutes in a rulemaking, where the lack of legal basis for its self-aggrandizement would be laid bare.”

Read more: Peirce, Uyeda ‘disagree’ with SEC decision to deny Coinbase petition

The exchange argues that the SEC acted arbitrarily in denying the petition for rulemaking, which Coinbase filed in June 2022. 

“Digital asset firms are therefore in a Catch-22 of the SEC’s own making: The agency insists they comply with its regulations, but it refuses to conduct the rulemaking needed to establish regulations by which firms feasibly could do so,” Monday’s filing read. 

The SEC denied Coinbase’s petition for rulemaking in December 2023 in a 3-2 Commissioner vote. In his supporting statement, SEC Chairman Gary Gensler said the petition was denied because digital assets already fall under existing rules and regulations. 

In a joint dissenting opinion, Commissioners Hester Peirce and Mark Uyeda said Coinbase’s petition highlights “issues presented by new technologies and other innovations, and addressing these important issues is a core part of being a responsible regulator.”

Read more: SEC’s Peirce: The US government needs to remember who it represents

Coinbase promptly appealed the decision, arguing that the SEC’s denial is an “abuse of discretion and contrary to law, in violation of the Administrative Procedure Act.”

Monday’s filing comes as a separate case between Coinbase and the securities regulator continues in New York. The SEC in June sued Coinbase for allegedly operating as an unregistered broker, exchange and clearing agency. 

Both parties in January presented oral arguments relating to Coinbase’s motion to dismiss the suit. Presiding Judge Katherine Polk Failla has not yet ruled on the motion. 


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Marina Bay Sands Singapore

October 7, 2026

DAS Asia is a a single-day summit at Marina Bay Sands Singapore featuring conversations between the builders, investors, and global leaders are shaping the trajectory of the digital asset ecosystem in Asia & North America.

Hilton Park Lane, London

November 10-11, 2026

DAS London is a two-day summit at the Hilton Park Lane in London featuring conversations between the builders, allocators, and policy makers who are shaping the trajectory of the digital asset ecosystem in the UK, Europe, and North America.

recent research

Onchain Gacha Cover Image.png

Research

Onchain gacha platforms sold $284.3 million of digital card packs in July 2026, and Collector Crypt accounted for more than half of that activity. However, it buys back 92.9% of what it sells, which leaves it with a third of the category's revenue on more than half of its volume, and a quarter of its activity arrives through partner apps whose users it does not own. Courtyard runs the opposite model, a consumer app selling smaller packs to thousands of retail buyers who resell the cards to each other, and it took 59.7% of category revenue while growing through a month the category spent contracting. This report compares the five largest platforms on gross activity, buyback intensity, revenue after buybacks, consumer composition, marketplace liquidity, and distribution ownership, and finds Courtyard the strongest performer as of July 2026, with the qualification that none of the five discloses inventory costs or resale proceeds, so no platform in the category can yet be shown to be profitable.

Newsletter

The Breakdown

Decoding crypto and the markets. Daily, with Byron Gilliam.

Blockworks Research

Unlock crypto's most powerful research platform.

Our research packs a punch and gives you actionable takeaways for each topic.

SubscribeGet in touch

Blockworks Inc.

133 W 19th St., New York, NY 10011

Blockworks Network

PodcastsNewslettersEventsRoundtablesAnalytics