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Climate Litigation Chart Updates – November 2016

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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DOJ Defeats Motion to Dismiss in Precedent-Setting Criminal Wage-Fixing Case

Arnold Porter

Mazzant III of the United States District Court in the Eastern District of Texas denied a motion to dismiss the government’s first ever criminal indictment for alleged wage-fixing. The court determined that Rodgers had failed to show that a valid non-prosecution agreement existed.]] On November 29, 2021, Judge Amos L.

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California Adopts CEQA Guidelines Aimed at Improving Consideration of GHG Emissions and Climate Change Impacts in Environmental Reviews

Law Columbia

These amendments flesh out many of the provisions on climate change and energy that were first added to the CEQA Guidelines in 2010. The revised guidelines also add “energy” as an impact category in the environmental checklist for CEQA reviews that agencies use to format and guide their environmental reviews (Appendix G).

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Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

Legal Planet

To get a better sense of where the court may be heading, I spoke with Sean Donahue , an environmental lawyer who argued one of the cases and was there for the other two oral arguments. This doctrine limits the power of agencies to issue regulations of “extraordinary” importance and was used by the Supreme Court in West Virginia v.

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A Rising Tide of Climate-Related Disclosure Requirements? (ESG Advisory Series, Part 2)

Arnold Porter

The US Supreme Court addressed the materiality standard in TSC Industries, Inc. Although not released as an official regulation, over the past decade, the 2010 Guidance generally has been the primary clarifying guidepost for companies trying to discern which climate change risks require disclosure. Northway Inc. ,

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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards

Law Columbia

Following the 2007 landmark Supreme Court case Massachusetts v. In 2022, Texas, along with several other states and industry groups representing fuel manufacturers (together, Petitioners), challenged EPA’s new emissions standards in court. 497 (2007), the Supreme Court reversed EPA’s denial. EPA , 549 U.S.

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Policy News: November 22, 2021

ESA

The pact recognizes that world’s countries would need to reduce global carbon emissions by 45% from 2010 levels by 2030 levels to limit warming to 1.5 But, many legal experts say the legal tug of war over the foundational water law is likely to continue until the Supreme Court weighs in again. degrees Celsius. or WOTUS. “In

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