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On today’s
@livingonearth with@Stevecurwood we chatted about the SEC’s new proposal to require companies to disclose business risks posed by climate change—why it matters, why it’s different from voluntary disclosures & why to expect legal challenge.https://www.loe.org/shows/segments.html?programID=22-P13-00015&segmentID=1 …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
2/2 These args boil down to inviting the Supreme Court to strike down any final rule on major questions/non-delegation grounds - echoing Gorsuch in the vaccine case: Agency can't do this & if it can, Congress acted unconstitutionally delegating legislative power. Double whammy.
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1/2 Plenty of criticism out there for the SEC's new climate disclosure proposal saying agency should "stay in its lane" as financial regulator & not meddle in climate. See e.g., See e.g., https://www.wsj.com/articles/the-secs-climate-change-overreach-global-warming-risks-lawmakers-invertors-market-data-11647801469 … andhttps://www.washingtonpost.com/opinions/2021/08/15/when-it-comes-climate-sec-should-quit-pretending-be-epa/ …
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A great day for a new Supreme Court Justice to be confirmed! True that she cannot tip the ideological balance of the Court now but…life is long. On environmental regulation specifically, record suggests KBJ follows facts & law, open to argument, both sides have won=a good judge.
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Really fun podcast with me & my wonderful colleague Richard Lazarus on the major climate case now pending in the Supreme Court—great discussion of why the Court took the case, how the Justices might rule + implications for Biden climate agenda and beyond:https://eelp.law.harvard.edu/2022/03/cleanlaw-jody-freeman-richard-lazarus-west-virginia-v-epa/ …
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Did a webinar for
@CFR_org on Global Climate Policy last week—covered US congressional and legal dynamics in context of Ukraine war. Check it out here:https://urldefense.proofpoint.com/v2/url?u=https-3A__www.cfr.org_event_academic-2Dwebinar-2Dglobal-2Dclimate-2Dpolicy&d=DwMFAg&c=WO-RGvefibhHBZq3fL85hQ&r=xlZeRFWM9KDJAs9Svp-K85nN-FbWTRnpD7iY11Q2mBI&m=xnZXlTltw2sWDGB46BTr2n4LlcW5l6pzTzCqZp0Rrn0NKvTDVG1enDy0BJdgv1wP&s=cix7ph0A9NRuQfxpRbyb-7ea_D5XaOdg5AcKBe3P7eI&e= …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
I challenge you not to choke up at today’s moving speech by
@CoryBooker that goes straight to the heart of what Ketanji Brown Jackson’s nomination to the highest court in the land means to many many people.https://abcnews.go.com/amp/US/cory-booker-delivers-impassioned-speech-ketanji-brown-jackson/story?id=83644779 …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
Thank you for the update. (Amazing that they don’t show the neighborhood is out!)
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News: the SEC issues its long-awaited proposal requiring companies to disclose climate-related financial risks, greenhouse gas emissions and climate-related financial metrics. Good summary
https://www.davispolk.com/insights/client-update/sec-proposes-climate-disclosure-regime?utm_source=vuture&utm_medium=email&utm_campaign=2022-03-22%20sec%20proposes%20climate%20disclosure%20regime …
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Much appreciated
@kirti_datla’s excellent thread summarizing the arguments in Monday’s big Supreme Court climate case. For those wanting the upshot without having to read transcript or listen to the arg
https://twitter.com/kirti_datla/status/1499141122030977027 …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
See
@AHoweBlogger’s great detailed overview of today’s climate case to be argued this morning in the Supreme Court: Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change - SCOTUSbloghttps://www.scotusblog.com/2022/02/greenhouse-gases-and-major-questions-justices-to-hear-argument-on-epas-power-to-tackle-climate-change/ …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
The Supreme Court hears an important climate case Monday-at stake is EPA’s authority to regulate CO2 from power plants. See my op-ed on why the Court acting without any rule in place is overreach & bad for the power sector which wants stable climate rules:https://www.nytimes.com/2022/02/26/opinion/climate-change-supreme-court.html …
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Concerned about the filibuster blocking a majority in Congress from acting on important policies like climate change and immigration? Check out this issue brief by me & Harvard colleague Matthew Stephenson on how the Congressional Review Act could help:https://www.acslaw.org/issue_brief/briefs-landing/unlocking-the-potential-of-the-congressional-review-act/ …
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Why Texas should overcome its antipathy to federal regulation and interconnect ERCOT with the nations’s other two grids, rationally and persuasively argued by
@MichaelEWebber —more reliable for everyone and potentially profitable for TX:https://www.google.com/amp/s/www.nytimes.com/2022/02/15/opinion/texas-electricity-grid.amp.html …Thanks. Twitter will use this info to make your timeline better. UndoUndo -
Spent last couple days on Sand Hill Road in Silicon Valley hearing about clean tech. One especially interesting company has new “linear generating” tech to produce electricity from gas and cleaner fuels; can support renewables & works off grid:https://www.mainspringenergy.com/
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Jody Freeman Retweeted
We had a fantastic discussion with
@JodyFreemanHLS on Wednesday, our final show of 2021. Check it out, and see you in 2022!https://twitter.com/EnergyvsClimate/status/1468925440559661066 …
1:46Thanks. Twitter will use this info to make your timeline better. UndoUndo -
On the latest Ep of our CleanLaw Podcast I talk with Chet France (who spent his distinguished career leading the awesome transport division at EPA) about the new Biden admin car rules and the future of EVs. A deep dive for experts and newcomers alike.https://eelp.law.harvard.edu/2022/01/cleanlaw-jody-freeman-and-chet-france-discuss-the-clean-car-rules/ …
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2/2 also pls note, and the Court should too, the electric power industry—which is the regulated industry here—is NOT on the side of petitioners asking Court to scuttle EPA authority—It’s the coal/mining industry. Brief of power sector respondents is great! Go
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1/2 Reading the briefs in the http://W.VA case (where the Court will review EPA’s authority to regulate CO2 emissions from power plants) & am so impressed with Gov’t & NGO briefs which say waaaitaminute there’s no rule regulating anyone right now! No harm, standing!
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Justice Breyer also notably dissented in Brown & Williamson where the Court announced its "major questions" canon saying Congress must delegate very explicitly if agencies want to do big things with important economic & political consequences - he said broad authority is enough!
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