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E&E News Quotes Boyden Gray & Associates on the Major Questions Doctrine and Three Major Climate Rules

A recent article by Lesley Clark and Niina Farah of E&E News discusses the implications of the Supreme Court’s recent decision in West Virginia v. EPA on three major climate rules. In West Virginia , the Court considered the legality of the Clean Power Plan—an Obama era regulation that pointed to EPA’s authority under the Clean Air Act to impose emission limits…

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Boyden Gray & Associates Letter Stands Out in SEC Climate Risk Comments

Rupert Darwall collected some of the most prominent comments made on the SEC’s proposed climate-related risk disclosures rule, highlighting many of the arguments in support of and opposition to the proposed rule. Darwall explains: Much comment on the controversial climate disclosure rule proposed by the Securities and Exchange Commission (SEC) has centered on whether the SEC has the necessary legal…

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Boyden Gray & Associates Files Comment on SEC’s Proposed Climate Disclosure Rulemaking

Boyden Gray & Associates filed comments on the SEC’s proposed rule on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” 87 Fed. Reg. at 21,334, arguing that the proposed rule would be illegal and unconstitutional. The proposed rule, a part of President Biden’s broader climate and ESG agenda,  would significantly expand the scope of required disclosures for many publicly…

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E&E News Points to Boyden Gray & Associates as Leader on Major Questions Doctrine, Apr. 11, 2022

Pamela King at E&E News writes on the major questions doctrine in a recent article, Inside a legal doctrine that could derail Biden climate regs. She explains, The doctrine—which says Congress must speak clearly if it wishes to allow a federal agency to address matters of “vast economic and political significance”—has been invoked by Republican state attorneys general and conservative…

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BERRY: New ERISA Proposal Pushes ESG Over Workers’ Retirement Security, Dec. 13, 2021.

Boyden Gray & Associates partner Jonathan Berry, formerly head of rulemaking at the United States Department of Labor, filed a letter commenting on the DOL’s proposed Employee Retirement Income Security Act (ERISA) regulation on December 13, 2021. In the letter, Berry decries the rule’s privileging of so-called “Environmental, Social, Governance (ESG)” factors as unlawful and undermining the retirement security of…

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