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

ClimateChange-ClimateLaw

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. Other legal challenges have also arisen.

Legal 61
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Partisan priorities and institutional legitimacy in the flawed challenges to student-debt relief

SCOTUSBlog

Nebraska and Department of Education v. The prior administration implemented that pause, incidentally, citing the same law that the Biden administration is using, but that move did not trigger litigation, which may reveal something about the motives of the plaintiffs. A preview of the cases is here. Jonathan D.

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

ClimateChange-ClimateLaw

Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. However, it objected to the EPA’s interpretation of its authorizing statute.

Statute 80
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Forum Selection Clauses, Afghanistan, and the United States

Conflict of Laws

It concluded that the case should have been dismissed because the parties had previously agreed in their choice-of-court clause to litigate all disputes in the United States. states—Nebraska, New Hampshire, and North Dakota—have adopted similar statutes based on the Model Choice of Forum Act. This is unusual.

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The Appeal of Chaos: How Politicians and Pundits are Misconstruing The Supreme Court’s Order on the Texas Abortion Law

JonathanTurley

Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe , but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants. Both were legally and factually wrong. to codify Roe.

Laws 40
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Biden vaccine policies face Supreme Court test amid nationwide COVID-19 surge

SCOTUSBlog

7 on whether the mandates can remain in place while challenges to their legality continue in the lower courts. That prompted the Biden administration to come to the Supreme Court in December, asking the justices to put the district courts’ rulings on hold and allow the rule to take effect nationwide while litigation continues.

Court 143
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

Laws 98