2008 Clean Air Act Endangered Species Act 
Law Columbia
NOVEMBER 1, 2016
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). The court ordered EPA to file a plan and schedule for compliance within 14 days.
Legal Planet
MAY 16, 2024
EPA lost all three of the biggest cases since 2008. This is the case that put teeth into the Endangered Species Act. Resisting the pleas that saving a minor species of fish was not worth halting a dam project, the Court held that the statute meant what it said: protecting endangered species is a paramount value.
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Law Columbia
OCTOBER 7, 2019
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.
Columbia Climate Law
MAY 8, 2020
Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.
Law Columbia
JULY 2, 2021
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.” Supreme Court reversed the Tenth Circuit and upheld “extension[s]” of exemptions from renewal fuel program requirements for three small refineries.
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