The Energy Law

SEPTEMBER 15, 2015

In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.

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Union of Concerned Scientists

MARCH 12, 2024

The US Supreme Court seems to have appointed itself as a rogue Environmental Protection Agency, seeking to protect polluters rather than the public. It would put any new initiative for environmental protection at automatic risk of being snuffed out.

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Ozone Earth Day Endangered Species Act Climate Change 224

ESA

DECEMBER 20, 2021

Scientific provisions in the Senate Environment and Public Works Committee bill is largely similar to the House bill: The Fish and Wildlife Service receives $200 million for Endangered Species Act recovery plans and $9.7 The Environmental Protection Agency receives $100 million for air quality and climate research.

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Legal Planet

MAY 16, 2024

This is the case that put teeth into the Endangered Species Act. Resisting the pleas that saving a minor species of fish was not worth halting a dam project, the Court held that the statute meant what it said: protecting endangered species is a paramount value. Hill, 437 U.S. NRDC, 467 U.S.

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Law Columbia

SEPTEMBER 10, 2021

The court held that the City’s claims were not completely preempted by the Clean Air Act and also was not persuaded by the companies’ argument that the claims necessarily arose under federal common law. The companies argued that even if state law did apply, the Clean Air Act and foreign affairs doctrine would preempt the claims.

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2021 Endangered Species Act Climate Change Fossil Fuels 40

Law Columbia

OCTOBER 7, 2019

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. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

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2019 Endangered Species Act Climate Change Greenhouse 40

ESA

NOVEMBER 8, 2021

Biden administration proposed repealing Trump administration Endangered Species Act regulations. Ruling allows the EPA to protect Bristol Bay. Fish and Wildlife Service receives $180 million for developing and carrying out Endangered Species Act recovery plan and a combined $19.4 Executive Branch.

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Acoel

DECEMBER 17, 2024

In 1970 Nixon signed an executive order creating the Environmental Protection Agency. In 1971 the Clean Air Act was passed and Nixon signed it. In 1972 the Clean Water Act was passed and Nixon signed it. In 1973 the Endangered Species Act was passed and Nixon signed it.

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Law Columbia

FEBRUARY 10, 2020

Environmental Protection Agency (EPA) orders granting three petitions for extensions of small refinery exemptions from renewable fuel standards. Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act.

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2020 Climate Change Greenhouse Fossil Fuels 40

Law Columbia

MARCH 6, 2018

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). The decision also addressed a number of non-climate change claims under NEPA, the Endangered Species Act, CEQA, and other state law.

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Columbia Climate Law

MAY 8, 2020

Environmental Protection Agency’s (EPA’s) 2018 rule in which EPA decided to expand the D.C. Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. In a split decision, the D.C. Circuit Court of Appeals vacated the U.S.

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2020 Endangered Species Act Climate Change Greenhouse 40

Law Columbia

JUNE 8, 2021

Fish and Wildlife Service (FWS) did not sufficiently explain why it reversed a previous determination that the Pacific walrus qualified for listing as endangered or threatened under the Endangered Species Act. Conservation Congress v. Forest Service , 2:13-cv-00934 (E.D. May 17, 2021).

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ESA

JULY 1, 2022

Biden administration repeals definition of habitat under the Endangered Species Act. The Ecological Society of America, representing 8,000 research ecologists and environmental scientists, is greatly concerned about the recent United States Supreme Court decision in West Virginia v. NSF receives $9.63 Executive Branch.

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ESA

OCTOBER 25, 2021

EPA – Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims. EPA – Draft FY 2022-2026 Environmental Protection Agency Strategic Plan. EPA – Draft FY 2022-2026 Environmental Protection Agency Strategic Plan. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit.

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ESA

MAY 17, 2021

The Biden administration is currently reviewing the Trump administration’s Navigable Waters Protection Rule, which replaced the Obama administration’s Waters of the U.S. Climate: The Environmental Protection Agency released its Climate Change Indicators report for the first time since 2016. Justice Dept.

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2021 Clean Air Act Ocean Climate Change 60

ESA

APRIL 19, 2021

Fiscal Year 2022 Budget Request for the Environmental Protection Agency – House Appropriations Committee – April 21. More headlines of interest: Senators Pump Brakes on Endless Frontier Act – FYI. EPA – Clean Air Act Advisory Committee: Request for Nominations. The 30-day public comment period ends Apr.

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ESA

AUGUST 30, 2021

Circuit Court of Appeals directed the Environmental Protection Agency to ban the use of chlorpyrifos in instances where it harms workers and children. Additionally, USFWS is proposing listing Texas fawnsfoot ( Truncilla macrodon ) as a threatened species. This decision comes after the 9 th U.S. Federal Register Opportunities.

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2021 Clean Water Act Endangered Species Act Conservation 98

Law Columbia

JULY 2, 2021

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.

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Law Columbia

MAY 7, 2021

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.

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ESA

MAY 6, 2021

The full Senate narrowly voted to confirm Janet McCabe as the deputy administrator of the Environmental Protection Agency. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit. Joe Manchin (D-WV) opposed this nomination.

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ESA

JUNE 1, 2021

Environmental Protection Agency. This includes $936 million for a new Accelerating Environmental and Economic Justice initiative. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit. EPA – Proposed Consent Decree, Clean Air Act Citizen Suit. Overall, President Biden requested $6.9

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2021 Clean Air Act Fossil Fuels Ocean 52

Law Columbia

AUGUST 4, 2021

Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014. Circuit Said EPA Endangered Species Determinations for 2019 Renewable Fuel Rule Were Arbitrary and Capricious. Circuit largely rejected challenges to the U.S.

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ESA

APRIL 3, 2023

The state of Texas and industry groups sued the federal government, arguing that the Environmental Protection Agency and the U.S. EPA – Clean Air Act Advisory Committee (CAAAC): Request for Nominations. A federal court ruling in mid-March froze the implementation of this rule in Texas and Idaho.

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