Carbon Dioxide Clean Energy Endangered Species Act Ocean 
Law Columbia
OCTOBER 7, 2019
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.
Law Columbia
MARCH 6, 2018
The court stated: “Plaintiffs’ claims for public nuisance, though pled as state-law claims, depend on a global complex of geophysical cause and effect involving all nations of the planet (and the oceans and atmosphere). It necessarily involves the relationships between the United States and all other nations. billion over a 30-year period.
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Law Columbia
SEPTEMBER 10, 2021
Although the district court acknowledged that BLM provided “a lengthier explanation” of its reasons for not quantifying foreign emissions than the Bureau of Ocean Energy Management provided in the earlier case, the court found that BLM still did not “thoroughly explain” why an estimate of foreign emissions was impossible.
Columbia Climate Law
MAY 8, 2020
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.
Law Columbia
MAY 7, 2021
Circuit Decision Vacating Affordable Clean Energy Rule. 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. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 145.
ESA
APRIL 25, 2022
Endangered Species : The US Fish and Wildlife Service agreed to reconsider Endangered Species Act protections for the Clear Lake hitch, a freshwater minnow found in California, after environmental groups challenged the agency’s 2020 decision not to list the species. Nominations are due April 30, 2022.
Law Columbia
JULY 2, 2021
The federal district court for the District of Montana largely rejected challenges to federal approvals of revisions to the Flathead National Forest Land Management Plan in northwestern Montana but remanded without vacatur for additional analysis of certain issues under the Endangered Species Act.
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