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Climate Litigation Chart Updates – November 2016

Law Columbia

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). Arizona Board of Regents Filed Notice of Appeal in Climate Scientist Public Records Case.

2016 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

Colorado Federal Court Remanded Local GovernmentsClimate 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.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

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.”

2018 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

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.

2020 40
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Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

Scientists, conservation groups, and legal experts have argued that the 2008 policy was and continues to be “both scientifically and legally incorrect” because there are scientific techniques and data that can be used to evaluate the effect of project-level emissions on threatened and endangered species.

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August 2021 Updates to the Climate Case Charts

Law Columbia

The First Circuit found that it had appellate jurisdiction even though the stay order was not a final decision because the stay order rendered Conservation Law Foundation “effectively out of court” due to the length of the stay and its indefinite nature. Conservation Law Foundation v. Exxon Mobil Corp. , 20-1456 (1st Cir. Trump , No.

2021 40
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Policy News: February 28, 2022

ESA

Appropriations: Congress approved a measure to keep the government open through March 11. President Biden signed the Further Additional Extending Government Funding Act ( H.R. The federal government has been operating under a continuing resolution since October 2021. The Combatting Online Wildlife Trafficking Act ( H.R

2022 98