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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Six environmental groups launched the proceeding challenging the stay after EPA published notice of the stay in the June 5, 2017 issue of the Federal Register. Pruitt , No.

2017 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sea level along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” ExxonMobil Corp. applied federal common law.

2018 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Bureau of Land Management (BLM) in December 2017 and March 2018 because the environmental assessments for the lease sales failed to meet National Environmental Policy Act (NEPA) requirements, including by failing to take a hard look at cumulative climate change impacts. Greenpeace International , No. 17-cv-02824 (N.D.

2020 40
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May 2021 Updates to the Climate Case Charts

Law Columbia

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The groups alleged that the U.S.

2021 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

Chevron filed the third-party complaint in December 2017 against the company—of which the Norwegian State is majority stakeholder—for indemnity and contribution. The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.”

2021 47
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February 2020 Updates to the Climate Case Charts

Law Columbia

Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act. The court noted that the administrative record currently documented the Corps’ decision to reissue NWP 12 in 2017.

2020 40