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Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrativelaw judge (ALJ).
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] It went into effect in January 2023 and will be phased in over the next five years.
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. Loper-Bright came to the Supreme Court in November 2022, asking justices to review the D.C.
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