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Wetlands Protection Update

Smith Enviorment

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. Supreme Court also interpreted the Clean Water Act to apply only to wetlands that have a continuous surface connection to water bodies otherwise in federal jurisdiction. October 30, 2023. In Sackett , the U.S.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In County of San Mateo et al. In City of Oakland et al. BP PLC et al.

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Constitutional Amendments

Smith Enviorment

In 2015, former Governor Pat McCrory sued the General Assembly over laws giving the legislature power to appoint a majority of three environmental commissions — the Coal Ash Management Commission, Mining Commission and Oil and Gas Commission. Supreme Court ruled in the governor’s favor. Separation of powers. (1)

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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit Court of Appeals ruled that the U.S. 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. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

2017 40
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N.C. Water Quality Legislation (2023)

Smith Enviorment

143-215.10C, to require a groundwater compliance boundary at animal operations: “[animal operations] shall have a compliance boundary as may be established by rule or permit for various categories of animal waste management systems and beyond which groundwater quality standards may not be exceeded.”

2023 52
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California Adopts CEQA Guidelines Aimed at Improving Consideration of GHG Emissions and Climate Change Impacts in Environmental Reviews

Law Columbia

4th 204 (2015) (invalidating EIR because agency determination that project’s emissions were consistent with statewide emission reduction goals and therefore insignificant was not supported by a reasoned explanation based on substantial evidence); Friends of Oroville v. 4th 369 (2015) ; Ballona Wetlands Land Trust v. 4th 455 (2d.

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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). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

2016 40