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The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Law Columbia

In 2008, Congress directed EPA to develop a rule to “require mandatory reporting of GHG emissions above appropriate thresholds in all sectors of the economy.” The GHGRP includes Scope 1 emissions, which must be reported at the individual facility level. An estimated 85-90% of the country’s GHG emissions are captured by the GHGRP.

Law 70
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October 2019 Updates to the Climate Case Charts

Law Columbia

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. The State asserted that the determination violated the Administrative Procedure Act.

2019 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

A climate change-related argument rejected by the trial court—that sea level rise projections in the Plan were too high and not based on best available science—did not appear to have been before the appellate court. Delta Stewardship Council Cases , Nos. On April 6, the court issued written reasons for its decision.

2020 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” The ACE Rule replaced the Obama administration’s Clean Power Plan.

2021 45