88 FR 85838
OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.
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 83694
The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.
88 FR 80298
EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program.