Fri.Mar 29, 2024

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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 basic idea underpinning preemption is that federal law may take precedence over state law where Congress intends for federal law to control. See, e.g. , Rice v. 218 (1947)).

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