2016 Clean Air Act Endangered Species Act Regulations 
Law Columbia
NOVEMBER 1, 2016
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). 24, 2016); Alaska Oil & Gas Association v. Alaska Oil & Gas Association v.
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. Circuit concluded that EPA had acted arbitrarily and capriciously in determining that the four elements of the regulations that had been stayed met these requirements.
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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. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.
Law Columbia
MARCH 6, 2018
The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. ExxonMobil Corp. applied federal common law. Public Citizen, Inc.
Law Columbia
MAY 7, 2021
Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. The company argued that the D.C.
Law Columbia
AUGUST 4, 2021
The Washington Supreme Court ruled that a climate activist should be permitted to present a necessity defense to charges of criminal trespass and unlawful obstruction of a train in connection with a 2016 protest on railroad tracks used by trains carrying coal and oil products. The cases were filed in 2016 , 2020 , and 2021.
Law Columbia
FEBRUARY 10, 2020
Circuit Declined to Speed Up or Slow Down Challenges to Withdrawal of California Waiver and Preemption of State Authority to Regulate Vehicle Greenhouse Gas Emissions. Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. DECISIONS AND SETTLEMENTS. Northern Plains Resource Council v. 95885-8 (Wash.
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