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Governance

Sustainability Risk is Investment Risk

In her Making Sustainability Disclosures Sustainable article, Prof. Jill E. Fisch proposes creating a Sustainability Discussion and Analysis (SD&A) section to expressly obligate reporting companies to disclose their three...

Making Mandatory Sustainability Disclosure a Reality

As we have come to expect from Prof. Jill Fisch, her recent article entitled Making Sustainability Disclosure Sustainable introduces a novel and thoughtful policy proposal on a matter of critical importance to investors....

The Need for SEC Rules on ESG Risk Disclosure

Sustainability disclosure is at an impasse. Today’s environmental, social and governance (ESG) disclosure is not delivering the decision-useful information financial markets need, yet the U.S. Securities and Exchange Commission (SEC) so...

Principles Plus SASB Standards

Prof. Jill E. Fisch has authored an excellent piece about sustainability disclosure. Her proposal to mandate a new Sustainability Disclosure and Analysis section of SEC filings is an interesting idea for improving the disclosures that...

Deregulation Using Stealth “Science” Strategies [ABSTRACT]

In this Article, the authors explore the “stealth” use of science by the Executive Branch to advance deregulation and highlight the limited, existing legal and institutional constraints in place to discipline and discourage these...

Regulation and Distribution [ABSTRACT]

This Article tackles a question that has vexed the administrative state for the last half-century: how to seriously take account of the distributional consequences of regulation. The academic literature has largely accepted the view...

The Impact of Citizen Environmental Science in the United States [ABSTRACT]

An increasingly sophisticated public, rapid changes in monitoring technology, the ability to process large volumes of data, and social media are increasing the capacity for members of the public and advocacy groups to gather, interpret...

California v. United States Department of the Interior

A district court denied a motion to enforce its previous order vacating DOI's repeal of the Valuation Rule and reinstating prior regulations governing payment of royalties on oil, gas, and coal extracted pursuant to leases on federal...

United States v. California

A district court denied the U.S. government summary judgment in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement was conflict preempted by the foreign affairs doctrine because it...

Baptiste v. Bethlehem Landfill Co.

The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing...