Law Columbia
JULY 6, 2017
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
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. The State asserted that the determination violated the Administrative Procedure Act.
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Law Columbia
MARCH 6, 2018
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sea level along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” ExxonMobil Corp. applied federal common law.
Columbia Climate Law
MAY 8, 2020
A climate change-related argument rejected by the trial court—that sea level rise projections in the Plan were too high and not based on best available science—did not appear to have been before the appellate court. Delta Stewardship Council Cases , Nos.
Law Columbia
AUGUST 4, 2021
Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014. The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow 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.
Law Columbia
NOVEMBER 7, 2017
The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of Clean Air Act Jobs Study Case. Foster , No. decision Sept.
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