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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

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Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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December 2020 Updates to the Climate Case Charts

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The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Lawsuit Challenged Development Plan for Portion of National Petroleum Reserve-Alaska.

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March 2018 Updates to the Climate Case Charts

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DECISIONS AND SETTLEMENTS. 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). Alaska Oil & Gas Association v. Louisiana Federal Court Halted Work on Crude Oil Pipeline in Swamp Area.

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September 2021 Updates to the Climate Case Charts

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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. The court therefore vacated the U.S.

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June 2021 Updates to the Climate Case Charts

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Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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