ClimateChange-ClimateLaw

OCTOBER 20, 2020

In particular, the court found that the complaint “makes clear that a major weather event, magnified by the effects of climate change, could happen at virtually any time, resulting in the catastrophic release of pollutants” due to Shell’s alleged failure to adapt. The owner asserted that the U.S. Optimus Steel, LLC v. 1:20-cv-00374 (E.D.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The other documents CEI seeks to add to the record are two Clean Air Scientific Advisory Committee peer review reports; CEI argued that EPA Administrator Andrew Wheeler had said he considered these reports. 4:18-cv-05712 (N.D. 4:19-cv-00028 (D. Trump , 4:18-cv-00118 (D. No appeals have been filed yet. California v.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JANUARY 13, 2021

The federal district court for the District of Maine declined to issue a preliminary injunction barring construction of the New England Clean Energy Connect (NECEC), an electricity transmission project to connect the New England energy grid with non-fossil fuel sources of electric power. 4:20-cv-00098 (D. Rhode Island , No.

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Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Citing the well-pleaded complaint rule, the court concluded that removal was not appropriate based on federal question jurisdiction because the plaintiffs’ claims did not on their face raise the federal issues of energy, the environment, and national security. Circuit Dismissed Clean Power Plan Challenges. 4:13-cv-00151 (D.

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The court held that the City’s claims were not completely preempted by the Clean Air Act and also was not persuaded by the companies’ argument that the claims necessarily arose under federal common law. 4:21-cv-00287 (E.D. Minnesota v. American Petroleum Institute , No. 0:20-cv-01636 (D. Missouri v. Biden , No.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MARCH 6, 2018

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.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

NOVEMBER 2, 2021

Key among those measures are new emissions controls proposed by the Environmental Protection Agency (EPA) under section 111 of the Clean Air Act. Under section 111(b), EPA must establish NSPS for new stationary sources of such pollution. This is not the first time EPA has used section 111 to control methane.

Construction 98

Construction 98

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Vacated Trump EPA’s Affordable Clean Energy Rule. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.

Court Reporting 54

Court Reporting Court Construction Government 54

ClimateChange-ClimateLaw

MARCH 9, 2021

In its consideration of the merits of the youths’ claims, the court held that neither the Washington Constitution nor Washington statutes provided a fundamental right to a healthful and peaceful environment or to a stable climate system. Circuit Granted EPA Request to Stay Issuance of Mandate Vacating Repeal of Clean Power Plan.

Court 57

Court Litigation Litigating Construction 57

ClimateChange-ClimateLaw

OCTOBER 15, 2020

Last week Vice President Pence expressed how “very proud” he is of the administration’s environmental record and declared that, if re-elected, President Trump will “take care of our environment and follow the science.” That would be a marked departure from the President’s first term.

Government 98

Government Technology Statute Manufacturing 98

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit Decision Vacating Affordable Clean Energy Rule. 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. States and Coal Company Sought Review of D.C. Supreme Court seeking review of the D.C.

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Court Government Construction Litigation 40

ClimateChange-ClimateLaw

JUNE 8, 2021

The court found, however, that there was a “fair possibility” that previous and ongoing implementation of the Zinke order’s policies would cause damage to the plaintiffs’ interests in air quality, water quality, wildlife habitat, cultural sites, and mitigation of climate change impacts. Citizens for Clean Energy v. 4:17-cv-00030 (D.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

AUGUST 4, 2021

Environmental Protection Agency’s (EPA’s) 2019 rule setting renewable fuel volumes in the Clean Air Act’s Renewable Fuel Standard Program. 4:19-00028 (D. 4:19-cv-07668 (N.D. Circuit Said EPA Endangered Species Determinations for 2019 Renewable Fuel Rule Were Arbitrary and Capricious. Indigenous Environmental Network v.

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Court Litigation Litigating Government 40

ClimateChange-ClimateLaw

JULY 2, 2021

The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” Utah Physicians for a Healthy Environment v. 4:19-cv-00057 (D. Circuit Decision on Affordable Clean Energy Rule. 21-4069 (10th Cir.

Court 44

Court Statute Litigation Litigating 44

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. 2012), provided “sound reasoning” for determining that the Clean Air Act also displaced federal common law damages claims. Utah Physicians for a Healthy Environment v. ExxonMobil Corp. ,

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Court Statute Litigation Litigating 111

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

On October 4 , the federal district court for the Northern District of California vacated the U.S. Energy & Environment Legal Institute v. Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of Clean Air Act Jobs Study Case. California v. Bureau of Land Management , Nos. 349-6-16WNCV (Vt.

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Court Attorney Technology Assisted Review Legal 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

4, 2020); California v. 4:19-cv-00044 (D. 4:19-cv-00028 (D. The Washington Supreme Court concluded that the Washington Clean Air Act did not grant the Department of Ecology authority to regulate indirect greenhouse gas emissions of businesses and utilities whose products ultimately generate such emissions.

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Court Reporting Court Government Construction 40