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Climate Litigation Chart Updates – November 2016

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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). Massachusetts Appellate Court Affirmed Dismissal of Divestment Action Against Harvard.

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October 2019 Updates to the Climate Case Charts

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The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. 97182-0 (Wash. 2012 CA 008263 B (D.C.

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July 2021 Updates to the Climate Case Charts

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Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. In re Hawaiian Electric Co. ,

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June 2021 Updates to the Climate Case Charts

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Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. They seek a court decision setting aside government approvals of the power plant.

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The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change

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This language is nearly identical to that of Clean Air Act Section 202(a), which the Supreme Court held in Massachusetts v. EPA applies to greenhouse gases emitted from motor vehicles, and under which EPA issued an endangerment finding for greenhouse gases in 2009. Alternatively, the U.S.

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