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The Most Engaging Decision You’ll Read All Year – Five Stars

FDA Law Blog

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. Let’s just say, the smackdown—er, decision—eviscerates FDA’s approach to regulating flavored e-cigarettes. By David B. Clissold & Sara W.

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

ClimateChange-ClimateLaw

The Fifth Circuit summarily discredited two past court decisions from sister circuits that accepted the NRC’s ability to regulate for temporary nuclear waste storage facilities that are not on the site of a nuclear reactor. The court struck down the SEC rule in that case on arbitrary and capricious grounds, not First Amendment grounds.

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