Law Columbia

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). The court ordered EPA to file a plan and schedule for compliance within 14 days.

2016 40

2016 Climate Change Fossil Fuels Greenhouse 40

Columbia Climate Law

MAY 8, 2020

Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.

2020 40

2020 Endangered Species Act Climate Change Greenhouse 40

Law Columbia

FEBRUARY 10, 2020

Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act. The court also said FWS unlawfully applied its “significant portion of its range” policy to the bat. Trump , No.

2020 40

2020 Climate Change Fossil Fuels Greenhouse 40

Law Columbia

JUNE 8, 2021

Fish and Wildlife Service (FWS) did not sufficiently explain why it reversed a previous determination that the Pacific walrus qualified for listing as endangered or threatened under the Endangered Species Act. Conservation Congress v. Forest Service , 2:13-cv-00934 (E.D. May 17, 2021).

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2021 Fossil Fuels Endangered Species Act Climate Change 45

Law Columbia

JULY 2, 2021

The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” Supreme Court reversed the Tenth Circuit and upheld “extension[s]” of exemptions from renewal fuel program requirements for three small refineries.

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2021 Climate Change Fossil Fuels Greenhouse 49