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The Climate Report | Third Quarter 2024

REGULATORY ISSUES & UPDATES - Update on Australia's New Climate-Related Financial Disclosure Regime - Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more

City of Baltimore v. BP, et al.: Baltimore's Climate Change Suit Against Fossil Fuel Manufacturers Dismissed

On July 10, 2024, a Baltimore City Circuit Court judge dismissed a complaint brought by the City of Baltimore against 25 fossil fuel manufacturers, seeking to hold them liable on numerous state-law theories, including for...more

Baltimore's Climate Change Lawsuit Dismissed

In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

Supreme Court Upholds the Mandatory Repatriation Tax in Moore v. United States

The U.S. Supreme Court has affirmed the Ninth Circuit's decision in Moore v. United States, upholding the constitutionality of the mandatory repatriation tax enacted in 2017....more

Supreme Court Expands Window to Challenge Federal Regulations Under APA

Plaintiffs not initially affected by a regulation may now bring an Administrative Procedure Act ("APA") challenge to the regulation up to six years after they are first affected....more

The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

In Short - The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more

Eliminating Significant Gotchas: Sustainability Report Edition

For many companies, summer is the time when they prepare and publish Sustainability Reports, which report on efforts with respect to environmental, social, and governance initiatives. Other companies may have already...more

U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court. On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more

White House Seeks to Raise Minimum Wage for Federal Contractors

The Situation: President Biden signed an executive order ("Minimum Wage EO" or "EO") seeking to raise the federal minimum wage for government contractor employees, beyond the statutory minimum wage provided by Congress, to...more

Second Circuit Affirms Dismissal of New York City's Climate Suit

The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more

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