In Washington – ACMA Insider – April 4, 2024

SEC Climate Challenges Consolidated

After two dozen states and a number of business and environmental groups filed challenges, the SEC Climate Reporting lawsuits will be grouped together at the United States Eighth Circuit Court of Appeals in St. Louis, MO.    

Common practice in cases involving this many challenges to a regulation is to consolidate the challenges.  There is then a lottery among the federal circuit courts to determine the venue. On March 21, 2024, the Eighth Circuit Court was selected as the venue.  

Procedurally, the legal process has just begun. The temporary stay issued by Fifth Circuit in West Virginia on March 15 has been removed, but the Eighth Circuit could replace that order now that it has jurisdiction over the case. The two energy companies that won the earlier stay have already filed asking for the Eighth Circuit to do exactly that. No briefing schedule has been announced for parties to file comments on that request.  

Please contact Dan Neumann with questions.

Port of Baltimore Closes Following Bridge Collapse

Following a collision with a cargo ship, the Francis Scott Key Bridge in Baltimore collapsed on March 25, killing 6 workers repairing potholes at the time of collision and blocking a significant East Coast port. 

After the cargo ship Dali lost power during transit, striking a critical bridge support, the Francis Scott Key Bridge collapsed into the Patapsco River shipping channel. The port is a key part of the supply chain for automakers, home appliance manufacturers, and more.  The port will be closed for an unknown amount of time.  

The Maryland Port Administration says the facility is an overnight drive from two-thirds of the U.S. population, and it’s closer to the Midwest than any other East Coast port. 

Please contact Dan Neumann with questions.