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88 FR 85364

The Federal Highway Administration amended its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets for the greenhouse gas emissions associated with transportation and report on progress toward the achievement of those targets. 

Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech

The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.

Climate Change Disinformation Liability Under the Federal Trade Commission Act

Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.

88 FR 77004

EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

88 FR 76219

The Department of Health and Human Services proposed to revise its floodplain management procedures to include climate science if an action takes place in a floodplain. 

88 FR 73841

EPA announced the availability of three near-term strategies the Agency is taking to further implement its obligations and commitments under the Federal Food, Drug, and Cosmetic Act to screen for and protect against endocrine disrupting effects in humans, and seeks additional endocrine data on two groups of active ingredients currently undergoing registration review.

88 FR 73549

The Federal Trade Commission seeks comment on the overall costs, benefits, necessity, and regulatory and economic impact of its labeling requirements for alternative fuels and alternative fueled vehicles.

88 FR 67870

FEMA proposed to amend its regulations to implement the Federal Flood Risk Management Standard and update the agency's eight-step decisionmaking process for floodplain reviews.

The Business of Sustainability

This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen