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Government Assertion of State Secrets Privilege in Private Party Litigation

Client Alert | 1 min read | 03.06.17

In a rare move, the Department of Justice intervened in Wever v. AECOM National Security Programs, Inc., asserting the state secrets privilege and requesting the dismissal of a $69 million dollar lawsuit between two private parties that it contends would risk the exposure of classified information if the suit were allowed to proceed. Although the Government was not an original party to the litigation, the Government argued in its Motion for Summary Judgment that the court is required to dismiss the case under the state secrets privilege because the Government, through the head of the department with control over the matter, after extensive consultation and coordination within and among relevant Executive Branch agencies, formally asserted the privilege and all three of the circumstances justifying dismissal exist: (1) the plaintiff cannot prove his or her claim without privileged evidence; (2) the defendants cannot properly defend the case without privileged evidence; and (3) further litigation would present an unjustifiable risk of disclosure.

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Client Alert | 7 min read | 12.17.25

CARB Proposes Regulations Implementing California GHG Emissions and Climate-Related Financial Risk Reporting Laws

After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations....