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October 2019 Updates to the Climate Case Charts

Law Columbia

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

2019 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

The court said that having remanded to the Corps for consultation under the Endangered Species Act, it was not necessary to determine whether the Corps “made a fully informed and well-considered decision” under NEPA and the Clean Water Act. s decision not to participate in the Paris Agreement.

2020 40
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November 2017 Updates to the Climate Case Charts

Law Columbia

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. Army Corps of Engineers had violated the Clean Water Act.

2017 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. Ninth Circuit Heard Oral Argument in California Local Government Cases; Fossil Fuel Companies Said Juliana Decision Supported Their Position. Environmental Council of Sacramento v. County of Sacramento , No.

2020 40