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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law Blog

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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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). The court ordered EPA to file a plan and schedule for compliance within 14 days.

2016 40
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Policy News: December 20, 2021

ESA

Senate committee holds hearing for the Recovering America’s Wildlife Act. California, Arizona, Nevada and the federal government reach agreement to reduce water consumption in the Colorado River basin. A draft of IPBES’ thematic assessment of invasive alien species and their control is open for review. Executive Branch.

2021 98
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

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.

2020 40
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February 2020 Updates to the Climate Case Charts

Law Columbia

Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. 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.

2020 40
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Policy News: November 22, 2021

ESA

Fish and Wildlife Service receives $180 million for developing and carrying out Endangered Species Act recovery plans and a combined $19.4 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 Lawmakers also allocate $9.7

2021 105
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ESA Policy News: December 5, 2022

ESA

The Office of Science and Technology Policy and the Council on Environmental Quality announced government-wide guidance for agencies to recognize and include Indigenous Knowledge in research, policy and decision-making. Previously, the species was listed as a threatened species under the Endangered Species Act.

2022 74