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May 2021 Updates to the Climate Case Charts

Law Columbia

The plaintiffs asserted Endangered Species Act claims, focusing on the federal agencies’ consideration of impacts on grizzly bears and bull trout; the plaintiffs alleged that bull trout are “particularly vulnerable” to climate change because they require cold water to spawn and rear.

2021 40
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February 2020 Updates to the Climate Case Charts

Law Columbia

Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act. Northern Plains Resource Council v. WildEarth Guardians v. Bernhardt , No. 1:16-cv-01724 (D.D.C.

2020 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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March 2018 Updates to the Climate Case Charts

Law Columbia

First, the court said the cities’ novel theories of liability based on the defendants’ sales of their product did not differentiate their claims from earlier transboundary pollution suits in which the Supreme Court ( American Electric Power Co. Connecticut ) and Ninth Circuit ( Native Village of Kivalina v. ExxonMobil Corp. AquAlliance v.

2018 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

The federal district court for the District of Montana largely rejected challenges to federal approvals of revisions to the Flathead National Forest Land Management Plan in northwestern Montana but remanded without vacatur for additional analysis of certain issues under the Endangered Species Act. In re Hawaiian Electric Co. ,

2021 45
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July 2017 Updates to the Climate Case Charts

Law Columbia

The Second Circuit rejected the claim that the renewable energy solicitations exceeded the limited authority granted to states with respect to wholesale sales of electricity under the Federal Power Act and the Public Utility Regulatory Policies Act.

2017 40
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Policy News: May 17, 2021

ESA

The report finds the nation is experiencing unprecedented change from sea-level rise and flooding on the coasts, permafrost loss in Alaska and record heatwaves in cities. FERC – Climate Change, Extreme Weather, and Electric System Reliability Technical Conference (June 1 & 2).

2021 60