ClimateChange-ClimateLaw
AUGUST 4, 2021
The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S. Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014.
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. They seek a court decision setting aside government approvals of the power plant.
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