Remove Cause of Action Remove Colorado Remove Statute Remove Tort
article thumbnail

Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

article thumbnail

November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Tenth Circuit Ordered Coal Company to Stop Preparation for Mining in Colorado Roadless Area.

article thumbnail

July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Living Rivers v. Hoffman , No. 4:19-cv-00057 (D. Utah June 21, 2021). In re Enbridge Energy, LP , Nos.

Court 45