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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). The court ordered EPA to file a plan and schedule for compliance within 14 days.

2016 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act. Center for Biological Diversity v. Bernhardt , No.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

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). Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. Ninth Circuit Reinstated Listing of Arctic Ringed Seals as Threatened.

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

The opinion, known as the Bernhardt Memorandum , states that project-specific GHG emissions could not pass the “may affect” test and thus GHG emissions were “not subject to consultation under the ESA and its implementing regulations.”

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August 2021 Updates to the Climate Case Charts

Law Columbia

The court rejected Berkeley’s jurisdictional grounds for dismissal (standing and ripeness) but found that the association failed to demonstrate that EPCA expressly preempted Berkeley’s ordinance because the ordinance “does not directly regulate either energy use or energy efficiency of covered appliances.” Energy Policy Advocates v.

2021 40
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Policy News: February 28, 2022

ESA

More News: ‘A step to nowhere’: Russian scientist organizes protest of Ukraine war – ScienceInsider. Under bombing, Ukraine’s climate scientists withdraw from global meeting – Politico. EPA – Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims.

2022 98