ClimateChange-ClimateLaw
APRIL 18, 2023
Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.
ClimateChange-ClimateLaw
JULY 6, 2017
The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects.
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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
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. Northern Plains Resource Council v. Army Corps of Engineers , No.
ClimateChange-ClimateLaw
JUNE 8, 2021
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. Justice Alito did not take part in the case. Connecticut v. Exxon Mobil Corp. ,
ClimateChange-ClimateLaw
MARCH 6, 2018
DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota.
ClimateChange-ClimateLaw
AUGUST 4, 2021
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions.
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