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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. The State asserted that the determination violated the Administrative Procedure Act.
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sealevel along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” ExxonMobil Corp. applied federal common law.
The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sealevel rise and damage to their property. Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of CleanAirAct Jobs Study Case. Foster , No. decision Sept.
A climate change-related argument rejected by the trial court—that sealevel rise projections in the Plan were too high and not based on best available science—did not appear to have been before the appellate court. Delta Stewardship Council Cases , Nos.
EPA decision , upheld the EPA’s authority to regulate such emissions under the CleanAirAct but significantly constrained its ability to do so. Mississippi: Lynn Fitch The sealevel off the coast of Mississippi—the fifth hottest state—is rising more rapidly than in most other coastal areas, largely because the land is sinking.
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. The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S.
He served as NOAA’s chief scientist from 2014 and 2016 and has also led both NOAA’s Office of Atmospheric Research and the National Ocean Service. Senators confirmed Richard Spinrad to lead the National Oceanic and Atmospheric Administration by a voice vote. Spinrad is a professor of oceanography at Oregon State University. A bill ( H.R.
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