As agencies race to put new regulations into final form, careful drafting can help insulate progressive rules against a skeptical judiciary.
Month: April 2024
Notice & Comment: Yet Another Way To Rebut Major Questions Doctrine Challenges
In particular, we focus on how overlapping federal, state and international regulatory regimes may reduce the incremental costs of rulemakings, and therefore weigh against a finding of “economic significance” in the MQD context—as, for example, in the case of the Federal Acquisition Regulatory (FAR) Council’s forthcoming rule on federal contractor climate emissions and risk disclosure.