Legal Planet
JULY 12, 2023
Declaratory relief will help restore Plaintiffs’ confidence in the functioning of their democracy and demonstrate to them that there is recourse for government conduct that violates their constitutional rights while making clear Defendants are not above the law,” they write in their proposed finding of facts and conclusions of law.
Law Columbia
NOVEMBER 1, 2016
The ESA does not require more, and NMFS did not act arbitrarily or capriciously in concluding that the effects of global climate change on sea ice would endanger the Beringia DPS in the foreseeable future.” The plan must specifically address how EPA will consider the effects of Clean Air Act regulation on the coal industry.
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Union of Concerned Scientists
MAY 19, 2022
Outside of bird protection acts of the early 20 th century, protections for water, air and the atmosphere are a late 20 th -century development, created in the wake of Rachel Carson’s 1962 treatise on pesticides, Silent Spring. They appear to have a sympathetic ear in Justice Alito. During February’s oral arguments in West Virginia v.
Law Columbia
OCTOBER 7, 2019
Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v.
Law Columbia
MARCH 6, 2018
The federal district court for the Northern District of California denied Oakland’s and San Francisco’s motions to remand their climate change public nuisance lawsuits against five major fossil fuel producers to state court. It demands to be governed by as universal a rule of apportioning responsibility as is available.” judgment Feb.
Columbia Climate Law
MAY 8, 2020
The court rejected the argument that a more recently enacted statute governing rate structure conflicted with and preempted the 1980 statute. The plaintiffs asserted claims under the National Environmental Policy Act, the Clean Air Act, the Administrative Procedure Act, and Corps regulations.
Law Columbia
AUGUST 4, 2021
In the case challenging President Biden’s revocation of the presidential permit, the federal government moved to dismiss, arguing that the case was moot, that the court lacked jurisdiction to grant relief against the president and the agency defendants, and that the states lacked standing, which also made venue improper. Trump , No.
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