2017 Endangered Species Act Regulations Sea Level 
Law Columbia
JULY 6, 2017
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.
Law Columbia
OCTOBER 7, 2019
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.
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Law Columbia
MARCH 6, 2018
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sea level along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” Public Citizen, Inc. Trump , No. 1:17 -cv-00253 (D.D.C.
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. Greenpeace International , No. 17-cv-02824 (N.D.
Law Columbia
JUNE 6, 2023
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.
Law Columbia
MAY 7, 2021
Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. Circuit erred by “untethering” Section 111(d) standards from the existing source being regulated. Supreme Court seeking review of the D.C.
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. Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Those issues included the revised plan’s impact on the national grizzly bear population.
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