Law Columbia

JULY 6, 2017

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. 451962/2016 (N.Y.

2017 40

2017 Clean Air Act Climate Change Renewable Energy 40

Law Columbia

OCTOBER 7, 2019

Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act. California v. Bernhardt , No. 3:19-cv-06013 (N.D.

2019 40

2019 Endangered Species Act Climate Change Greenhouse 40

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. AquAlliance v.

2018 40

2018 Clean Air Act Climate Change Endangered Species Act 40

Law Columbia

MAY 7, 2021

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.” Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers.

2021 40

2021 Fossil Fuels Climate Change Endangered Species Act 40

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.

2021 40

2021 Climate Change Paris Agreement 2019 40

Law Columbia

FEBRUARY 10, 2020

Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act. Northern Plains Resource Council v. WildEarth Guardians v. Bernhardt , No. 1:16-cv-01724 (D.D.C.

2020 40

2020 Fossil Fuels Climate Change Greenhouse 40