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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.

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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. Env’t Prot. As Justice Kagan points out in her Biden v.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

The law would mesh with corporate climate disclosure regulations elsewhere, particularly in Europe, and would therefore represent a significant step toward assuring the accuracy, trustworthiness, and transparency of corporate climate performance reporting. 4] The new corporate climate disclosure bills may well continue that tradition.

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Profile of a potential nominee: Ketanji Brown Jackson

SCOTUSBlog

Her father then went to law school, eventually becoming the chief attorney for the Miami-Dade County School Board. Her mother became an administrator and served as the principal at a public magnet school for 14 years. She spent the year between college and law school as a reporter and researcher at Time magazine in New York.

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