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.” Foster , 34-2016-CR-00187 (N.D. ExxonMobil Corp.
Law Columbia
MARCH 13, 2023
EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the Clean Air Act. While the Clean Air Act (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched.
Law Columbia
MAY 7, 2021
The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by 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
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. Peabody, a coal company, filed for bankruptcy in April 2016 and emerged from bankruptcy under a plan that became effective on April 3, 2017. Foster , No.
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