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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). The court ordered EPA to file a plan and schedule for compliance within 14 days.

2016 40
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Policy News: December 20, 2021

ESA

Scientific provisions in the Senate Environment and Public Works Committee bill is largely similar to the House bill: The Fish and Wildlife Service receives $200 million for Endangered Species Act recovery plans and $9.7 The Environmental Protection Agency receives $100 million for air quality and climate research.

2021 98
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September 2021 Updates to the Climate Case Charts

Law Columbia

The court held that the City’s claims were not completely preempted by the Clean Air Act and also was not persuaded by the companies’ argument that the claims necessarily arose under federal common law. The companies argued that even if state law did apply, the Clean Air Act and foreign affairs doctrine would preempt the claims.

2021 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.

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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August 2021 Updates to the Climate Case Charts

Law Columbia

The final rule also adopted an interpretation of Clean Air Act Section 111 that required, as a predicate to establishing NSPS, a determination by EPA that a pollutant causes or contributes significantly to dangerous air pollution. Spain approved the National Energy and Climate Plan 2021-2030 in March 2021.

2021 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

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.” The ACE Rule replaced the Obama administration’s Clean Power Plan.

2021 45