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Amicus Brief on Major Questions Doctrine in Fifth Circuit Case Over DOL’s 2022 Investment Duties Rule
Court Filings / March 26, 2024 / DownloadWe filed an amicus brief in the Fifth Circuit arguing that the lower court correctly concluded the Department of Labor's 2022 Investment Duties Rule does not trigger the major questions doctrine because past regulatory practice demonstrated the case was not extraordinary enough to trigger the doctrine. Our brief explains that parties often invoke the major questions doctrine when they oppose an agency’s action without closely following the analysis in West Virginia v. EPA, 142 S. Ct. 2587 (2022), or the Supreme Court’s other recent cases applying the doctrine. -
Comments to Dept of Labor on ESG Investing by Retirement Plans
Public Comments / December 13, 2021 / DownloadWe submitted joint comments with partners from the Environmental Defense Fund and the Initiative on Climate Risk and Resilience Law supporting the Department of Labor’s (DOL) revision of Trump-era restrictions on ESG investing by retirement plans.
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Comments to Department of Labor on Shareholder Proxy Voting Rule
Public Comments / October 5, 2020 / DownloadA rule proposed by the Department of Labor would limit the shareholder rights of Employee Retirement Income Security Act (ERISA) participants. The rule, in particular, would eliminate opportunities for ERISA fiduciaries to vote on Environmental, Social, and Governance (ESG) proposals that have long-term financial benefits for retirements plans. We worked with the Environmental Defense Fund to submit comments detailing the flaws of the Department’s rule.
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Comments to Department of Labor on Rule Limiting ESG Investments
Public Comments / July 30, 2020 / DownloadThe Department of Labor proposed a rule that would impose limitations on investors’ ability to choose investments in Environmental Social and Governance (ESG) strategies. We worked with the Environmental Defense Fund to submit comments focusing on the proposal’s flaws.
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Comments to the Department of Labor on Tip Pooling
Public Comments / December 9, 2019 / DownloadThe Wage and Hour Division of the Department of Labor (DOL) is proposing to implement new tip regulations under the Fair Labor Standards Act. We submitted comments asking DOL to provide a more detailed explanation of the proposed rule and improve its underlying analysis.
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Comments to the Department of Labor on the Rescission of Tip Regulations
The Department of Labor recently proposed rescission of tip regulations under the Fair Labor Standards Act. We submitted comments explaining the Department’s failures, including to quantify important effects of the proposed rescission, to consider a range of realistic assumptions, or even to explain why the rescission’s purported benefits justify the total possible costs.
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Comments on Delay of Department of Labor’s Fiduciary Rule
The Department of Labor’s Fiduciary Rule requires investment advisors to serve the best interests of their retiree clients. In August 2017, Labor proposed to stay the rule’s enforcement provisions. In our comments on the proposed delay, we argue that the delay violates basic administrative law principles.
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Comments re: DOL regulations around toxic chemical risks
In August 2008, the Department of Labor (DOL) proposed a sweeping change to the way agencies treat toxic chemical risks in the workplace. The rule, which would change the assumptions about how long workers are exposed to hazardous chemicals, is extremely controversial and prompted an outcry from the public and Congress.
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