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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 CleanAirAct. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ CleanAirAct Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
In addition, the court rejected the contention that the CleanAirAct or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Forest Service violated the National Environmental Policy Act.
In a joint memorandum of law, these companies argued that New York City’s claims arise under federal common law and that the CleanAirAct has displaced the federal common law or, alternatively, that the plaintiffs’ “expansive derivative theory of liability” fails to state a claim that complies with federal common law standards.
The plaintiffs asserted claims under the National Environmental Policy Act, the CleanAirAct, the Administrative Procedure Act, and Corps regulations. argued that the agreements and related arrangements conflicted with and were an obstacle to U.S. s decision not to participate in the ParisAgreement.
Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of CleanAirAct Jobs Study Case. Competitive Enterprise Institute (CEI) filed a Freedom of Information Act (FOIA) lawsuit in the federal district court for the District of Columbia seeking to compel the U.S. Foster , No. 34-2016-CR-00187 (N.D.
The CleanAirAct 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.
Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014. Instead, they sought an order that the Plan must be more ambitions in order to be aligned with the objectives of the ParisAgreement. temperature target.
2, 2014). [8]. as a pollutant at all to the Clean Power Plan, which has no chance of clemency before its swift execution at some point in 2017. [14]. that it should “Amend the CleanAirAct to clarify that it never delegated to the EPA the authority to enact climate policies through the Act.”. [18].
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