Clean Air Act Clean Energy Endangered Species Act Renewable Energy 
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.
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.
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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. On the merits of removal, the court first found that none of the exceptions to the well-pleaded complaint rule applied.
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
JUNE 8, 2021
Fish and Wildlife Service (FWS) did not sufficiently explain why it reversed a previous determination that the Pacific walrus qualified for listing as endangered or threatened under the Endangered Species Act. Citizens for Clean Energy v. Circuit Decision on Affordable Clean Energy Rule.
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. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. .
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