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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

Before a federal agency can issue such a permit it must comply with the National Environmental Policy Act (“NEPA”), issuing either an environmental impact statement or a determination that a full review is not needed. These permitting decisions may then subject transmission lines to NEPA, among other statutes. .

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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). S ierra Club Enumerated Shortcomings in Department of Energy NEPA Review for LNG Exports.

2016 40
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July 2017 Updates to the Climate Case Charts

Law Columbia

The court agreed with the magistrate’s conclusion that the plaintiffs failed to state a claim for violation of a nondiscretionary duty under the Endangered Species Act and that the court therefore lacked jurisdiction. The government also asserted that the MBTA and Eagle Act claims were barred by controlling precedent.

2017 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). The court ruled, however, that the California Environmental Quality Act (CEQA) did not require additional climate change analysis. AquAlliance v.

2018 40
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June 2021 Updates to the Climate Case Charts

Law Columbia

Fish and Wildlife Service (FWS) did not sufficiently explain why it reversed a previous determination that the Pacific walrus qualified for listing as endangered or threatened under the Endangered Species Act. May 24, 2021). Federal Court Upheld Environmental Review for Forest Thinning Project. Conservation Congress v.

2021 42
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August 2021 Updates to the Climate Case Charts

Law Columbia

Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. Circuit after President Biden signed a joint resolution under the Congressional Review Act disapproving the September 2020 rule. Environmental Groups Appealed Dismissal of NEPA Regulations Lawsuit. Exxon Mobil Corp. , 20-1456 (1st Cir. July 1, 2021).

2021 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

Federal Court Allowed NEPA Claim to Proceed Against USDA Hog Slaughter Rule. Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Utah Federal Court Said Suspension of Oil and Gas Leases Was Not Subject to NEPA. Rocky Mountain Wild v. Bernhardt , Nos. 21-4019, 21-4020 (10th Cir. June 11, 2021).

2021 44