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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. Six environmental groups launched the proceeding challenging the stay after EPA published notice of the stay in the June 5, 2017 issue of the Federal Register. Pruitt , No.
At the very least, cities and counties could recoup some of the costs they are forced to spend on climate adaptation measures, such as building sealevel rise defenses, or other costs incurred because of climate change, such as loss of tourist revenue. But localities must first establish that courts have jurisdiction to hear the cases.
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.
What has become a national wave of closely-related climate change litigation began in California in 2017, when San Mateo and Marin Counties, along with the City of Imperial Beach, filed suit in state court against many of the world’s largest fossil fuel companies.
EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the CleanAirAct. While the CleanAirAct (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched.
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. Peabody, a coal company, filed for bankruptcy in April 2016 and emerged from bankruptcy under a plan that became effective on April 3, 2017. Seggos , No.
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.” 2017 CA 006685 B (D.C. ExxonMobil Corp.
Bureau of Land Management (BLM) in December 2017 and March 2018 because the environmental assessments for the lease sales failed to meet National Environmental Policy Act (NEPA) requirements, including by failing to take a hard look at cumulative climate change impacts. Delta Stewardship Council Cases , Nos.
In 2017, Hurricane Harvey —one of the worst—drenched Houston with more than 4 feet of rain, killed at least 88 people, and caused $125 billion in damage. EPA decision , upheld the EPA’s authority to regulate such emissions under the CleanAirAct but significantly constrained its ability to do so.
The court noted that the administrative record currently documented the Corps’ decision to reissue NWP 12 in 2017. Lawsuit Sought Critical Habitat Designation for Green Sea Turtles Whose Habitat Is Threatened by SeaLevel Rise and Other Factors. Trump , No. 4:19-cv-00028 (D. WildEarth Guardians v. Bernhardt , No.
Chevron filed the third-party complaint in December 2017 against the company—of which the Norwegian State is majority stakeholder—for indemnity and contribution. The CleanAirAct provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.”
The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The court previously ruled that the 2017 issuance of NWP 12 violated the Endangered Species Act because the Corps failed to undertake Section 7 consultation.
I’m not including laws that simply incentivize clean energy or those that fund pure science, even though both are vitally important parts of climate policy. Climate first cropped up in the CleanAirAct of 1970. Next up was the Global Climate Protection Act of 1987 , which was signed by Ronald Reagan.
reentry in the Trans-Pacific Partnership despite Trump’s decision to pull out of the pact in 2017. The report finds the nation is experiencing unprecedented change from sea-level rise and flooding on the coasts, permafrost loss in Alaska and record heatwaves in cities. EPA – Proposed Consent Decree, CleanAirAct Citizen Suit.
This central database entitled the National Coastal Data Information System, would help coastal communities prepare for future natural disasters through data analysis product development and the collection of maps and data on rising sealevels. Former President Donald Trump shrank the size of both of monuments in 2017.
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