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The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. Lawsuit Challenged Development Plan for Portion of National Petroleum Reserve-Alaska. Alaska, filed Nov. Bureau of Land Management , No.
The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Alaska Aug. American Petroleum Institute , No.
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Second Lawsuit Filed to Challenge 211-Mile Mining Access Road in Alaska. Padgett , No.
The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Alaska, filed Dec.
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