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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). Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D.

2016 40
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Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

They are water vapor, carbon dioxide, methane, nitrous oxide, ozone, CFCs, and hydrofluorocarbons. This is defined as the ability or desire to sustain a resource at a certain level and based on three scientific principles: increased dependence on renewable energy, biodiversity, and chemical cycling.

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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 standards are for portable air conditioners, air compressors, commercial packaged boilers, and uninterruptible power supplies.

2018 40
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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. On the merits of removal, the court first found that none of the exceptions to the well-pleaded complaint rule applied.

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