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Will New Litigation Pressure Energy & Industrial Infrastructure to Prepare for Climate Change?

Law Columbia

For example, Texas is seeking $12 billion , mostly from the federal government, for a 60-mile “spine” of seawalls that will protect a section of the Texas Gulf Coast—including a hotbed of petrochemical facilities vulnerable to spewing a toxic mess if damaged during a future hurricane.

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October 2019 Updates to the Climate Case Charts

Law Columbia

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
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March 2018 Updates to the Climate Case Charts

Law Columbia

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.” Connecticut ) and Ninth Circuit ( Native Village of Kivalina v.

2018 40
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May 2021 Updates to the Climate Case Charts

Law Columbia

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. Seven weeks after the U.S. San Francisco Baykeeper v. 20-17367 (9th Cir. The federal district court for the District of Arizona denied EPA and the U.S.

2021 40
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November 2017 Updates to the Climate Case Charts

Law Columbia

The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Peabody, a coal company, filed for bankruptcy in April 2016 and emerged from bankruptcy under a plan that became effective on April 3, 2017. Seggos , No.

2017 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. Delta Stewardship Council Cases , Nos.

2020 40
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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. One judge dissented, writing that the certificate of need was unsupported by substantial evidence and based on erroneous interpretations of the governing statute.

2021 45