The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks
ClimateChange-ClimateLaw
DECEMBER 11, 2023
Under Chevron , a reviewing court examines the statute under which an agency claims the authority to regulate, to see if Congressional intent is clear. If a reviewing court were to show no deference to past practice, nor a willingness to read the agency’s enabling statute deferentially, it could hamstring the agency’s ability to regulate.
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