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

Law Columbia

The California Air Resources Board (CARB) is still awaiting funding to craft the regulations needed to implement the laws, though it has indicated it will begin the process soon. 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.”

Law 70
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Proposed Amendments to Endangered Species Act Regulations Could Curtail Protections for Species Imperiled by Climate Change

Columbia Climate Law

Under the existing ESA regulations, FWS and NMFS are not required to designate critical habitat if such designation would not be beneficial to the species. The Court’s answer to that question – and in particular, its interpretation of “essential” – could have important implications for this portion of the ESA regulations.

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October 2019 Updates to the Climate Case Charts

Law Columbia

The FWS concluded in 2008 that the trout should be listed but reversed course in 2014 and concluded that listing was no longer warranted. The court did, however, find that the FWS failed to explain different methodologies it used in 2008 and 2014 to calculate the number of healthy populations of the trout. California v. filed Sept.

2019 40
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Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

BLM’s decision to exclude GHG emissions from its ESA jeopardy analysis can be traced back to a 2008 legal opinion for the Department of Interior (DOI) which declared that it is impossible to establish a causal connection between project-level emissions and harm to specific species and their habitats.

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Regarding the repeal of the FHWA’s GHG Performance Measure, the court found that the existing evidence indicated that “substantive policy considerations” were the basis for repeal even though the executive order precipitated the FHWA’s review of its regulations. Delta Stewardship Council Cases , Nos. Association of Irritated Residents v.

2020 40
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How climate change could sink the US real estate market

A Greener Life

Real estate experts say that if that were to occur at a large scale and many home­owners abandoned their mortgages, the United States could experience a housing crisis that rivals the 2008 market meltdown and lands squarely in the laps of US taxpayers, hurting low-income people in particular.

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July 2021 Updates to the Climate Case Charts

Law Columbia

Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. The approval of the permit was therefore contrary to law because climate change had to be considered “to some extent” in order for Ecology to act consistently with implementing regulations under the Clean Water Act and the Water Pollution Control Act.

2021 45