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July 2017 Updates to the Climate Case Charts

Law Columbia

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 Clean Air Act. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.

2017 40
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October 2019 Updates to the Climate Case Charts

Law Columbia

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. The State asserted that the determination violated the Administrative Procedure Act.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

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 sea level 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.

2018 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

A climate change-related argument rejected by the trial court—that sea level 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.

2020 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

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.

2021 46
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November 2017 Updates to the Climate Case Charts

Law Columbia

The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of Clean Air Act Jobs Study Case. Foster , No. decision Sept.

2017 40
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These Attorneys General Are Defending the Fossil Fuel Industry, Not Their States

Union of Concerned Scientists

EPA decision , upheld the EPA’s authority to regulate such emissions under the Clean Air Act but significantly constrained its ability to do so. Mississippi: Lynn Fitch The sea level 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.