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

Law Columbia

This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure.

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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 court dismissed the proceedings 11 days after the effective date of the U.S.

2019 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

EPA of a 2015 rule barring replacement of ozone-depleting substances with hydrofluorocarbons (HFCs), which are powerful greenhouse gases. The court also found that denial of the permit application based on State Environmental Policy Act substantive authority was not clearly erroneous. Circuit’s partial vacatur in Mexichem Fluor, Inc.

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.” ruled in 2019 that BLM had failed to adequately assess the potential impacts of greenhouse gas emissions for certain oil and gas leases in Wyoming.

2021 45