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SCOTUS Rules FOIA Exception Applies to Environmental Opinion

Constitutional Law Reporter

Sierra Club, 592 U. S. _ (2021) , the U.S. Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.

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With Two New Policy Statements, FERC Recommits to Ensuring Gas Infrastructure Projects Serve the Public Interest

ClimateChange-ClimateLaw

FERC is also proposing to change its approach to evaluating the environmental impacts of pipeline development. Despite this, until relatively recently, FERC had largely avoided discussing the climate change impacts of its decisions, with past Commissioners often emphasizing that FERC is an energy regulator, not an environmental one.

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Supreme Court rules proposed EPA regulations unconstitutional

JURIST

The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ’ 42 U. ” In West Virginia v. .” 7411(b)(1)(A).

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source. Environmental Defense Fund v.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Calhoun , 516 U. The Court found that Yamaha resolved any doubts about Section 1447(d)’s interpretation with its holding that appellate courts could address any questions contained in a district court order certified for appeal. Ninth Circuit Sent Decision that Pacific Walrus No Longer Qualified as Threatened Back to Agency.

Court 42
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ESG & Retirement Funds: Considering Non-Pecuniary Factors by ERISA Plan Fiduciaries

Fordham Law News

2] In announcing the lawsuit, Texas Attorney General Ken Paxton stated that the new rule “prioritizes woke Environmental, Social and Governance investing over protecting the retirement savings of approximately two-thirds of the U.S. smaller return compared to an investment in the S&P 500. [31] population.” [3]