Lok – Fall 2022 – MJEAL

SEC Focus on Climate Change Risk and Disclosure

Kathleen Lok


As environmental concerns continue to research, investors and companies have continued to contend with how to report the impact of climate related risks on their business. Currently, the SEC does not require any specific environmental risk reporting, and instead bases disclosures on materiality.[1] This lack of a standardized framework gives companies much discretion to decide what environmental and climate-related information they choose to report, which is often done through voluntary sustainability reports.[2] A 2022 survey by Deloitte showed that more than two-thirds of public companies with over $500 million in

Lehman – Spring 2022 – MJEAL

Agency Delegation to External Parties: An Unexplored Challenge

Benjamin Lehman


The Supreme Court recently declined to grant cert in Texas v. Commissioner of Internal Revenue, a case from the 5thth Circuit. However, the three justices said the decision was driven by threshold issues of mootness and statute of limitations, but they would grant a review on the delegation issues in a future case.[1] The case revived two major questions about the constitutional limits on delegation and presented a third issue for the first time. First, the petition challenged the extent to which legislative power can be constitutionally delegated away

Dozens indicated over 8 January riots

A military police officer fell from his horse during clashes with rioters in Brasilia on 8 January

Hundreds of people were arrested over the violence, which saw government buildings and police come under attack

Brazil’s attorney general has filed an indictment against 39 people for their alleged involvement in the storming of the Senate building on 8 January.

The riot saw thousands of supporters of former president Jair Bolsonaro attack government buildings following his election loss last year.

The indictment says the individuals – who are not named – used violence and threats to try to abolish democracy.

Mr Bolsonaro has voiced “regret” for the unrest, but denies he caused it.

Perceived threats to democratic order are

GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity

This post was authored by Tyler Doan, Esq.

Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought to have the zoning map changed and the property rezoned as planned residential development. Cook argued that a denial of its request would be “an unconstitutional restriction on the use of the property” and “abolish or damage [its] property rights” without fair and just compensation in violation of both state and federal constitutions. In January of 2022 the local planning

Attorney General Merrick Garland to testify in front of the House Judiciary Committee in September

Attorney General Merrick Garland is scheduled to testify in front of the House Judiciary Committee on September 20, a source familiar with the plans told CNN.

The attorney general’s appearance before the panel will be for a standard oversight hearing. It’s routine for top-level executive branch officials to provide general testimony before congressional committees.

But when he testifies, Garland will be facing a number of House Republicans who are his toughest critics, and some have called for his impeachment.

Punchbowl News was the first to report on the date of Garland’s appearance before the committee.

Speaker Kevin McCarthy has also

Senators ask attorney general to scrutinize deal as commission claims PGA Tour was ‘left on our own’ to fight PIF

Sens. Elizabeth Warren (D-MA) and Ron Wyden (D-OR) sent a letter Tuesday to Attorney General Merrick Garland and Assistant Attorney General Jonathan Kanter pleading them to further inspect the PGA Tour’s deal with Saudi Arabia’s Public Investment Fund to house commercial operations under a new entity.

In the letter, which was obtained by ESPN, Warren and Wyden wrote the deal would “enable the Saudi government’s efforts to ‘sports wash’ its egregious human rights record” and “raises an array of potential legal and regulatory issues, including relating to the PGA Tour’s non-profit tax status and antitrust law.”

The senators argued the

IA Court of Appeals Affirms Granting of Exception Allowing for Converted Church in Residential Area to be Used for Small Gathering Space

This post was authored by Tyler Doan, Esq.

The petitioner initially contested the grant of an exception to the local zoning ordinance to allow a converted church in a single-family residence area to be used as “small gathering space” for community events such as bridal and baby showers and class reunions. After a public hearing, the Board of Adjustments granted the exception.

The Petitioner then filed a petition for writ of certiorari challenging the board’s decision. The district court concluded the board “did not act illegally in granting the exception.” The Petitioner then appealed to the present court arguing a

NY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying Zoning

This post was authored by Tyler Doan, Esq.

Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface sewage-disposal system was a permitted nonresidential accessory use that could be located on a split lot (one zoned partly for residential and partly for commercial use). The town board, while the petition was pending, adopted a local law on the subject of subsurface systems on split lots that effectively codified the zoning officer’s determination. The petitioner amended their complaint also