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Civil Law

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

Department of Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.”

As governments across the United States are beginning to regulate greenhouse gas emissions, looking at the back story and teasing out the broad impact of this prohibition is worth our time.

We blogged, Government Proposes Federal Contractors and Their Suppliers Disclose GHG Emissions describing the November 14, 2022, proposed Federal Supplier Climate Risks and Resilience Rule that proposed to … Read the rest

Supreme Court

Justices decline to block Biden policy on social costs of greenhouse gases

The Supreme Court on Thursday rejected a plea from Louisiana and nine other states to bar federal agencies from considering the social costs of greenhouse gases as part of their decision-making process. In a brief, unsigned order, the justices declined to reinstate a district-court ruling that had temporarily blocked the Biden administration from using the cost estimates. There were no dissents recorded from Thursday’s order.

The dispute in which the justices declined to intervene began last year, after President … Read the rest

Supreme Court

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. Although the case hinges on a highly technical provision of the Clean Air Act, it nonetheless has the potential to be one of the most consequential cases in a … Read the rest