ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The majority responded to this latter point by saying that “[t]he dissent’s view is akin to saying that incurring a debt has legal consequences, but forgiving one does not.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. 30, 2020); Suncor Energy (U.S.A.) 20-783 (U.S.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The court held that federal common law necessarily governed the nuisance claims because “[a] patchwork of fifty different answers to the same fundamental global issue would be unworkable” and “the extent of any judicial relief should be uniform across our nation.” Connecticut ) and Ninth Circuit ( Native Village of Kivalina v.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. Energy & Environment Legal Institute v. Resolute Forest Products, Inc.

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