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July 2017 Updates to the Climate Case Charts

Law Columbia

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. 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. Pruitt , No.

2017 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

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. 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 Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). The decision also addressed a number of non-climate change claims under NEPA, the Endangered Species Act, CEQA, and other state law.

2018 40
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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
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May 2021 Updates to the Climate Case Charts

Law Columbia

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 court previously ruled that the 2017 issuance of NWP 12 violated the Endangered Species Act because the Corps failed to undertake Section 7 consultation.

2021 40
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June 2021 Updates to the Climate Case Charts

Law Columbia

Fish and Wildlife Service (FWS) did not sufficiently explain why it reversed a previous determination that the Pacific walrus qualified for listing as endangered or threatened under the Endangered Species Act. Conservation Congress v. Forest Service , 2:13-cv-00934 (E.D. May 17, 2021).

2021 42
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July 2021 Updates to the Climate Case Charts

Law Columbia

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