Supreme Court

11 posts

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

It has been more than a year and a half since the Securities and Exchange Commission (SEC) proposed its climate-related disclosure rule. In the interim, lawsuits in the ESG and regulatory space have constricted the SEC’s path to promulgating a final rule that will survive judicial review. This blog post […]

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

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Results have been mixed in the lower courts, which, […]

Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority

By Jacob Elkin Today, the Sabin Center filed an amicus brief on behalf of the National League of Cities and the U.S. Conference of Mayors in West Virginia v. EPA, a case that is currently before the United States Supreme Court. The case concerns the scope of the United States […]

The Supreme Court Stay of the Clean Power Plan and the Paris Pledges

Michael B. Gerrard Faculty Director The Supreme Court’s unprecedented, unexpected and unexplained action yesterday staying implementation of the Clean Power Plan is one of the most environmentally harmful judicial actions of all time. However, the damage it does to the United States’ ability to meet its Paris pledge is less […]

FAQs on Supreme Court’s Cert Grant on EPA’s Regulation of Greenhouse Gas Emissions

Meredith Wilensky, Associate Director & Fellow Columbia Center for Climate Change Law On October 15, the Supreme Court granted certiorari in response to six petitions requesting review of EPA’s authority to regulate greenhouse gases. This post will address some basic questions to clarify the scope of the question accepted for […]

D.C. Court of Appeals Dismisses Challenges to EPA Climate Regulation

By: Danielle Sugarman, Fellow On Tuesday, June 26, 2012, in a major victory for the environment and President Obama’s Administration, the U.S. Court of Appeals for the District of Columbia Circuit dismissed a series of challenges to EPA’s body of greenhouse gas regulation.  The cases, called Coalition for Responsible Regulation […]

AEP v. Connecticut: The Reply Briefs

by Daniel Firger Associate Director On April 11, 2011, petitioners in American Electric Power v. Connecticut, five private investor-owned utility companies, filed their reply brief. On the same day, the Solicitor General filed a separate reply brief on behalf of the Tennessee Valley Authority (TVA), an electric utility owned by the federal government, as respondent […]