Cause of Action Court Decisions Court Rules West Virginia 
ClimateChange-ClimateLaw
DECEMBER 11, 2020
In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. West Virginia v. Northern Plains Resource Council v.
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