article thumbnail

Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law Blog

14-40128, 2015 U.S. 4, 2015). Fifth Circuit Court of Appeals recently issued an opinion regarding criminal liability under environmental statutes. United States v. Citgo Petroleum Corp., LEXIS 15865 (5th Cir. The Court of Appeals also found support in its analysis of similar wildlife statutes. 1] U.S. 3d 679, 686 (10th Cir.

article thumbnail

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 plaintiffs charged that the U.S.

2016 40
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

How a Federal Drought Relief Program Left Southern Oregon Parched—and Contributed to the Ongoing Groundwater Crisis in the West

Circle of Blue

In the 1980s and ‘90s, three salmon and suckerfish species that call the Klamath Basin home were listed under the Endangered Species Act, a move that required USBR to limit surface water for farming during droughts to protect the fishes’ habitats. Geological Survey report.

2001 246
article thumbnail

Climate Attribution and the Willow Project: Federal Obligations to Evaluate the Effects of Fossil Fuel Leasing on Endangered Species

Law Columbia

There is also research on the adverse effects of sea ice loss on seals and other ice-dependent species. Thus, there is a clear causal connection between the emissions attributable to the Willow project, sea ice loss, and adverse effects on species. See, e.g., IPCC AR6 WGI Ch.3 3 ; Laidre et al. 2018) ; Tartu et al.

article thumbnail

May 2020 Updates to the Climate Case Charts

Columbia Climate Law

EPA of a 2015 rule barring replacement of ozone-depleting substances with hydrofluorocarbons (HFCs), which are powerful greenhouse gases. Circuit vacated the 2015 rule to the extent that it prohibited continued use of HFCs by companies that previously switched to HFCs from an ozone-depleting substance. In Mexichem , the D.C.

2020 40
article thumbnail

Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

There is also research on the adverse effects of sea ice loss on seals and other ice-dependent species. Environmental organizations and an indigenous group filed two lawsuits challenging BLM’s decision to move forward with the Willow project. See, e.g., IPCC AR6 WGI Ch.3 3 ; Laidre et al. 2018) ; Tartu et al. 2018) ; Aars et al.

article thumbnail

Change Is in the Air: The Migratory Bird Treaty Act, the Endangered Species Act and the Biden Administration

Arnold Porter

The Biden Administration has signaled that it will be rolling out significant changes related to the interpretation and enforcement of key provisions of the Migratory Bird Treaty Act (MBTA) and the Endangered Species Act (ESA). Endangered Species Act. CITGO Petroleum Corp. , 3d 477 (5th Cir.