The Energy Law Blog

SEPTEMBER 15, 2015

In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.

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Clean Air Act Endangered Species Act 2015 Regulations 40

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.

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2020 Endangered Species Act Climate Change Greenhouse 40

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.

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2016 Climate Change Fossil Fuels Greenhouse 40

Law Columbia

FEBRUARY 10, 2020

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. Northern Plains Resource Council v. Trump , No. 4:19-cv-00028 (D.

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2020 Fossil Fuels Climate Change Greenhouse 40