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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. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v.

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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. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

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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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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.

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! 10 and Jan. 14 conference).

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