The Energy Law

SEPTEMBER 15, 2015

In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.

Clean Air Act 40

Clean Air Act Endangered Species Act 2015 Regulations 40

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

Law Columbia

OCTOBER 7, 2019

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

2019 40

2019 Endangered Species Act Climate Change Greenhouse 40

ESA

JANUARY 18, 2022

Judge orders USFWS to reconsider 2019 decision to not list the Yellowstone bison under the Endangered Species Act. A draft of IPBES’ thematic assessment of invasive alien species and their control is open for review. This move reverts the area to the previous management plan, finalized in 2013, which protected 11.2

2022 98

2022 Endangered Species Act Climate Change 2021 98

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. Northern Plains Resource Council v. Trump , No. 4:19-cv-00028 (D.

2020 40

2020 Climate Change Fossil Fuels Greenhouse 40