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They asserted five causes of action: a claim under NEPA and the Administrative Procedure Act; breaches of the 1851 Fort Laramie Treaty, the 1855 Lame Bull Treaty, the 1868 Fort Laramie Treaty; and a failure to adhere to the Department of the Interior’s tribal consultation policies.
Noting the vulnerability of the municipality as a coastal community, the Council of State ordered the French government in 2021 to “take all the measures necessary” to bend the curve of GHG emissions to meet climate goals, including a 40% reduction by 2030. Cases brought by cities. Building on corporate accountability cases worldwide.
The Court found that this case and the ecological hotspots case “present quite different typology and structure, specialized instruments and distinct political-legal approaches, in addition to the fact that their object, cause of action and demands do not coincide.” On August 31, BOEM issued a record of decision for Lease Sale 257.
On November 16, 2020, the Federal Court granted the Canadian government’s motion to strike without leave to amend on the grounds that the case was not justiciable, had no reasonable cause of action, and the remedies were not legally available. EarthLife Africa Johannesburg v. Greenpeace v. Spain (Supreme Court of Spain).
The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. In addition, the defendants argued that the claims were not ripe, that the states lacked a cause of action, and that their claims were meritless.
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