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July 2017 Updates to the Climate Case Charts

Law Columbia

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. Six environmental groups launched the proceeding challenging the stay after EPA published notice of the stay in the June 5, 2017 issue of the Federal Register.

2017 40
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Climate Attribution and the Willow Project: Federal Obligations to Evaluate the Effects of Fossil Fuel Leasing on Endangered Species

Law Columbia

If the BA determines that the action is “likely” to affect a listed species, the consulting service(s) must then publish a more detailed Biological Opinion (BiOp) describing the effects of the project on listed species and the measures that the federal agency is taking to ensure the action is not likely to jeopardize affected species.

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Policy News: December 20, 2021

ESA

The bill retains a provision from the House bill repealing section 20001 of the 2017 Tax Act, which required the Bureau of Land Management to offer oil and gas lease sales in the Arctic National Wildlife Refuge and cancels the leases sold in January 2021. Onshore royalties would increase to a minimum of 16.75% from 12.5%.

2021 98
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October 2019 Updates to the Climate Case Charts

Law Columbia

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. Center for Biological Diversity v. Bernhardt , No.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

The court stated: “Plaintiffs’ claims for public nuisance, though pled as state-law claims, depend on a global complex of geophysical cause and effect involving all nations of the planet (and the oceans and atmosphere). Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. Public Citizen, Inc. Trump , 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 opinion, known as the Bernhardt Memorandum , states that project-specific GHG emissions could not pass the “may affect” test and thus GHG emissions were “not subject to consultation under the ESA and its implementing regulations.” 2017) ; Lunn et al. 2017) ; Laidre et al. See, e.g., IPCC AR6 WGI Ch.3 3 ; Laidre et al.

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Bureau of Land Management (BLM) in December 2017 and March 2018 because the environmental assessments for the lease sales failed to meet National Environmental Policy Act (NEPA) requirements, including by failing to take a hard look at cumulative climate change impacts. Greenpeace International , No. 17-cv-02824 (N.D.

2020 40