Law Columbia
NOVEMBER 1, 2016
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.
Cresforum
OCTOBER 6, 2020
The all of the above approach to clean energy is the principal reason the U.S. Diverse climate solutions will drive the broadest economic growth, job creation, and expedite the transition to a clean energy economy – and thereby create opportunity and limit pollution exposure for all Americans.
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Cresforum
OCTOBER 6, 2020
The all of the above approach to clean energy is the principal reason the U.S. Diverse climate solutions will drive the broadest economic growth, job creation, and expedite the transition to a clean energy economy – and thereby create opportunity and limit pollution exposure for all Americans.
Law Columbia
OCTOBER 7, 2019
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.
Law Columbia
MARCH 6, 2018
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 decision also addressed a number of non-climate change claims under NEPA, the Endangered Species Act, CEQA, and other state law.
Law Columbia
SEPTEMBER 10, 2021
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.
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.
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