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.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. Bureau of Land Management , No. 2:21-cv-01126 (D. filed June 29, 2021).

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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. Minnesota v. Justice Alito did not take part in the case. 21-1752 (8th Cir.).

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