ClimateChange-ClimateLaw
DECEMBER 11, 2020
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
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ClimateChange-ClimateLaw
NOVEMBER 16, 2020
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.
ClimateChange-ClimateLaw
MAY 7, 2021
Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. The court found that both parties were entitled to intervene as of right.
ClimateChange-ClimateLaw
NOVEMBER 7, 2017
The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Jacobson demanded damages from Clack and NAS “to be determined at trial believed to be in excess of Ten Million Dollars,” plus punitive damages and attorney fees.
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