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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

The Corps issued NWP 12 in 1977, and most recently reissued NWP 12 in 2017. In 2017 the Corps granted an easement to construct the pipeline under Lake Oahe, a reservoir located in North and South Dakota near the reservations of several American Indian Tribes. In April of this year, the U.S.

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Climate Litigation Chart Updates – November 2016

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Sentencing was scheduled for February 3, 2017. United States v. Ruffatto , No.

2016 40
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Why Ceding Nuclear to China and Russia Threatens National Security: Michael Shellenberger's Congressional Testimony July 28, 2020

Environmental Progress

It is notable that the advocacy for industrial wind energy comes from people who don’t live near the turbines, which are almost invariably loud and disturb the peace and quiet. Wind developers are allowed to self-report violations of the Migratory Bird Treaty Act, the Endangered Species Act, and the Bald and Golden Eagle Protection Act.

2020 52
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October 2019 Updates to the Climate Case Charts

Law Columbia

Environmental Protection Agency (EPA) rule repealing the Clean Power Plan and finalizing the final Affordable Clean Energy rule in its place. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards. The court dismissed the proceedings 11 days after the effective date of the U.S.

2019 40
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February 2020 Updates to the Climate Case Charts

Law Columbia

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. The court noted that the administrative record currently documented the Corps’ decision to reissue NWP 12 in 2017.

2020 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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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. Citizens for Clean Energy v. Department of the Interior , No. 4:17-cv-00030 (D. June 3, 2021).

2021 45