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Northern Illinois University Law Review


This article discusses the 2022 Supreme Court case West Virginia v. EPA in which the Supreme Court utilized the Major Questions Doctrine to analyze the EPA’s Clean Power Plan. After detailing the litigation leading up to and the ultimate decision in West Virginia v. EPA, I describe the SEC’s proposed rule requiring enhanced environmental disclosures and analyze the cited statutory authority in the proposed rule. Based upon the statutory and case law analysis that I have done, I conclude that the SEC has acted outside of the scope of its congressionally delegated authority.

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College of Law

Suggested Citation

Isaiah P. Harlan, Note, The Securities and Environment Commission? The SEC Greenhouse Gas Disclosure Rule for Investment Advisers and Companies and the Fight Against Administrative Overreach, 44 N. Ill. Univ. L. Rev. 162 (2024).

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