Law Columbia
JULY 6, 2017
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
Environmental Science
SEPTEMBER 7, 2018
As water and water runoff does not respect political boundaries, international laws on conservation and use are common and applied, especially where there is shared use and responsibility or competing claims to it. The Clean Air Act is an excellent example of this following the publication of Rachel Carson's book Silent Spring.
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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. Navy Rear Admiral Tim Gallaudet as acting administrator of NOAA. filed Sept.
Law Columbia
MARCH 6, 2018
In a joint memorandum of law, these companies argued that New York City’s claims arise under federal common law and that the Clean Air Act has displaced the federal common law or, alternatively, that the plaintiffs’ “expansive derivative theory of liability” fails to state a claim that complies with federal common law standards.
Law Columbia
MAY 7, 2021
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 states asserted counts under the Administrative Procedure Act and of ultra vires action. 66,496 (Dec. 15,2 2009).
Law Columbia
JUNE 8, 2021
The appellate court agreed with the court below that the lawsuit raised nonjusticiable political questions. 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. Reynolds v. State , No. 1D20-2036 (Fla.
Law Columbia
NOVEMBER 7, 2017
The court said the plaintiff had not alleged an injury connected to any particular action or law and that her allegations instead suggested disagreements with the defendants’ policy positions, which made her claims nonjusticiable political questions. Republican National Committee , No. 3:17 -cv-00123 (W.D. Foster , No. 34-2016-CR-00187 (N.D.
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