ClimateChange-ClimateLaw

DECEMBER 11, 2020

The court concluded that the Freedom of Information Act’s deliberative process privilege shielded the redactions from disclosure. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.

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Court Government Litigating Litigation 59

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigating 72

ClimateChange-ClimateLaw

JANUARY 13, 2021

The court concluded that CEQ had not demonstrated it would suffer “a reasonably foreseeable harm” from unredacted production. The records included spreadsheets tracking and analyzing comments, draft ANPRM fact sheets, meeting agendas, and emails and meeting invitations regarding CEQ’s process for managing comments. 3:18-cv-00113 (W.D.

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Court Government Technology Assisted Review Litigating 52

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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Court Statute Litigating Litigation 49

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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