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
OCTOBER 20, 2020
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. Mayor & City Council of Baltimore , No.
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ClimateChange-ClimateLaw
NOVEMBER 16, 2020
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Bernhardt , No. 4:18-cv-05712 (N.D. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.
ClimateChange-ClimateLaw
MAY 7, 2021
Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. Montana Federal Court Vacated Approvals for Mining Project. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review.
ClimateChange-ClimateLaw
NOVEMBER 7, 2017
Montana Federal Court Allowed Some Coal Mining Activity to Take Place While Federal Agency Completed Required NEPA Review. The company said the injunction would “[i]n a matter of weeks … cause severe consequences to the mine and its employees, in an area of Montana that can ill-afford economic displacement.” CP18-5 (FERC Oct.
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