Law Columbia

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

2019 40

2019 Endangered Species Act Climate Change Greenhouse 40

Law Columbia

MARCH 6, 2018

The court held that federal common law necessarily governed the nuisance claims because “[a] patchwork of fifty different answers to the same fundamental global issue would be unworkable” and “the extent of any judicial relief should be uniform across our nation.” ExxonMobil Corp. applied federal common law.

2018 40

2018 Clean Air Act Climate Change Endangered Species Act 40

ESA

AUGUST 30, 2021

In 2015, the Obama administration announced that it would ban chlorpyrifos, but former EPA Administrator Scott Pruitt reversed that decision in 2017. Notice of Lodging of Proposed Consent Decree Under the Clean Water Act. Notice of Lodging of Proposed Consent Decree Under the Clean Water Act.

2021 98

2021 Clean Water Act Endangered Species Act Conservation 98

Columbia Climate Law

MAY 8, 2020

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. All of the briefs are available on the case page.

2020 40

2020 Endangered Species Act Climate Change Greenhouse 40

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. Army Corps of Engineers’ motion to hold in abeyance a case challenging the Trump administration’s rules defining “waters of the United States” under the Clean Water Act.

2021 40

2021 Fossil Fuels Climate Change Endangered Species Act 40

Law Columbia

NOVEMBER 7, 2017

Peabody, a coal company, filed for bankruptcy in April 2016 and emerged from bankruptcy under a plan that became effective on April 3, 2017. Finally, the court found that DOE adequately considered distributional impacts in its evaluation of “public interest” under the Natural Gas Act. 19, 2017); In re Constitution Pipeline Co. ,

2017 40

2017 Clean Air Act Climate Change Clean Water Act 40

Arnold Porter

AUGUST 26, 2021

Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants. EPA promulgated the challenged rule in 2019 in response to the Ninth Circuit’s issuance of a writ of mandamus in 2017. EPA , 997 F.3d 3d 983 (9th Cir.

2021 52

2021 2020 Regulations Law 52

Law Columbia

JUNE 8, 2021

In three other cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. DECISIONS AND SETTLEMENTS Supreme Court Sent Other Climate Cases Back to Lower Appellate Courts for Review of Other Grounds for Removal.

2021 42

2021 Fossil Fuels Endangered Species Act Climate Change 42

Arnold Porter

JUNE 2, 2021

Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants. This quarterly newsletter provides essential updates on litigation, regulatory, legislative, and other notable developments involving chemicals of concern to business.

2021 52

2021 Regulations 2020 Toxic Substances Control Act 52

Law Columbia

JULY 2, 2021

Chevron filed the third-party complaint in December 2017 against the company—of which the Norwegian State is majority stakeholder—for indemnity and contribution. The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.”

2021 45

2021 Climate Change Fossil Fuels Greenhouse 45

Law Columbia

FEBRUARY 10, 2020

Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. The court noted that the administrative record currently documented the Corps’ decision to reissue NWP 12 in 2017. Trump , No. 4:19-cv-00028 (D. Environmental Council of Sacramento v. C076888 (Cal.

2020 40

2020 Fossil Fuels Climate Change Greenhouse 40

ESA

NOVEMBER 8, 2021

Fish and Wildlife Service receives $180 million for developing and carrying out Endangered Species Act recovery plan and a combined $19.4 According to the government press release: “To better fulfill the conservation purposes of the Endangered Species Act (ESA), the U.S. Lawmakers also allocate $9.7 In ‘chilling’ decision, U.F.

2021 98

2021 Endangered Species Act Technology Technology 98

ESA

NOVEMBER 22, 2021

Fish and Wildlife Service receives $180 million for developing and carrying out Endangered Species Act recovery plans and a combined $19.4 The fate of the larger budget reconciliation package is unclear, with the Senate shifting its focus to passing the National Defense Reauthorization Act (NDAA). Lawmakers also allocate $9.7

2021 105

2021 Conservation Endangered Species Act Climate Change 105

Vermont Law

DECEMBER 19, 2016

If you still have a glimmer of hope that the federal government will continue to play a meaningful role and remain engaged in carbon reduction efforts under the Trump Administration, consider this: Mr. Ebell is employed at the Competitive Enterprise Institute (CEI) in Washington, D.C. Pro-Growth Agenda for the 114th Congress.

2016 40

2016 Climate Change Fossil Fuels Clean Air Act 40

ESA

MAY 17, 2021

Many GSPA alumni pursue fellowships and careers in the federal government. The Senate Commerce, Science and Transportation Committee approved the Endless Frontiers Act ( S. The taskforce will also include representatives from across the federal government. . EPA – Proposed Consent Decree, Clean Air Act Citizen Suit.

2021 60

2021 Clean Air Act Ocean Climate Change 60

ESA

AUGUST 16, 2021

However, the world could avoid the more extreme scenarios in the report if governments sharply reduce carbon dioxide and other greenhouse gas emissions. Biden earlier this year pledged to transition the current gas- and diesel-powered federal fleet to “clean energy” vehicles. Banking, Housing and Urban Affairs. Chair : Sen.

2021 98

2021 Clean Energy Climate Change Fossil Fuels 98

ESA

FEBRUARY 6, 2023

Courts Republican-led state sue to block environmental, social and governance retirement investing rule. Chellie Pingree (D-ME) and Michael Waltz (R-FL) introduced the Coastal Communities Ocean Acidification Act ( H.R. Executive Branch Biden administration finalizes rule reinstating roadless protections for the Tongass National Forest.

2023 75

2023 Natural Resources 2022 Ocean 75

ESA

JUNE 1, 2021

The Trump administration proposed steep cuts across the government in its president’s budget request, especially to scientific and environmental programs. Even when Republicans controlled both the House and Senate in 2017 and 2018, Congress largely rejected these steep cuts. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit.

2021 52

2021 Clean Air Act Fossil Fuels 2026 52