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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

The actuarial board did not adopt a binding definition until 2015 — 13 years after CMS promulgated the regulation. The company faced a series of demands from the FTC it viewed as unreasonable. rescheduled before the Nov. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference).

Statute 103
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

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] Nebraska, 600 U.S. Times , Oct. 12, 2022. [49] 49] Van Engelen, op.

Laws 98
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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 64
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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v.

Statute 83
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Profile of a potential nominee: Ketanji Brown Jackson

SCOTUSBlog

Jackson then snagged a highly sought-after spot as an associate at Miller Cassidy Larroca & Lewin, a Washington litigation boutique that later merged with Baker Botts, a Texas-based firm. Court of Appeals for the 1st Circuit by President Ronald Reagan, from 1997 to 1998. In Stenberg v.