Month: April 2024

As agencies race to put new regulations into final form, careful drafting can help insulate progressive rules against a skeptical judiciary.

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.