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Proposed Amendments to Endangered Species Act Regulations Could Curtail Protections for Species Imperiled by Climate Change

Columbia Climate Law

Fish and Wildlife Service (FWS) and NOAA Marine Fisheries (NMFS) issued a sweeping proposal to amend key provisions of the Endangered Species Act (ESA), including provisions pertaining to listing decisions, critical habitat designations, and interagency consultations. By Jessica Wentz. In July, the U.S.

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July 2017 Updates to the Climate Case Charts

Law Columbia

The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects.

2017 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

Circuit Court of Appeals granted motions seeking to dismiss as moot the proceedings challenging the Obama administration’s Clean Power Plan, which established emission guidelines for greenhouse gases from existing power plants. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

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.” AquAlliance v. Bureau of Reclamation , No.

2018 40
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Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

The project is controversial due to its contribution to greenhouse gas (GHG) emissions and its location on the North Slope of Alaska, which happens to be the largest undisturbed track of public land in the U.S. square meters of September sea-ice. 2016) ; Derocher et al. and an area that is highly sensitive to climate change.

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May 2021 Updates to the Climate Case Charts

Law Columbia

Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.” Developers of Southern California Warehouse Project Agreed to Greenhouse Gas Mitigation Measures to Resolve CEQA Claims.

2021 40
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August 2021 Updates to the Climate Case Charts

Law Columbia

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.

2021 40