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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit concluded that EPA had acted arbitrarily and capriciously in determining that the four elements of the regulations that had been stayed met these requirements. 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.

2017 40
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Our Environmental Statutes Are Broken

Law and Environment

It also ignored a court order from 2017 requiring EPA to prepare the required determination and redo cyantraniliprole’s registration. My friend Dan Esty has suggested what is essentially a market-based approach to environmental regulation. In fact, EPA did not only ignore the clear statutory requirement. Didn’t happen.

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Climate Litigation Chart Updates – November 2016

Law Columbia

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). Sentencing was scheduled for February 3, 2017. Murray Energy Corp. McCarthy , No.

2016 40
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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

Construction and operation of an interstate natural gas pipeline requires a certificate of public convenience and necessity from the Federal Energy Regulation Commission (“FERC”) under Section 7 of the Natural Gas Act. The Corps issued NWP 12 in 1977, and most recently reissued NWP 12 in 2017. In April of this year, the U.S.

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Climate Attribution and the Willow Project: Federal Obligations to Evaluate the Effects of Fossil Fuel Leasing on Endangered Species

Law Columbia

If the BA determines that the action is “likely” to affect a listed species, the consulting service(s) must then publish a more detailed Biological Opinion (BiOp) describing the effects of the project on listed species and the measures that the federal agency is taking to ensure the action is not likely to jeopardize affected species.

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Policy News: December 20, 2021

ESA

The bill retains a provision from the House bill repealing section 20001 of the 2017 Tax Act, which required the Bureau of Land Management to offer oil and gas lease sales in the Arctic National Wildlife Refuge and cancels the leases sold in January 2021. Onshore royalties would increase to a minimum of 16.75% from 12.5%.

2021 98
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Pulling the Teeth Out of the Endangered Species Act

Vermont Law

Endangered Species Act. is “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation” according to the United States Supreme Court in the landmark case. Pulling the Teeth Out of the Endangered Species Act. Tennessee Valley Authority v.