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The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
Montana Supreme Court Affirmed that Public Service Commission Improperly Rewrote Terms of Solar Project PPA, Including by Eliminating Carbon Adder. The district court held, among other things, that elimination of the carbon adder was arbitrary and capricious and directed the PSC to assign a price for carbon. 4:19-cv-00362 (E.D.
Federal Court Rejected Claims that Climate Change-Related Developments Necessitated Supplemental NEPA Review for Forest Plan and Projects. The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. Bureau of Land Management , No. Minnesota v. 20-cv-1636 (D. BP p.l.c.
The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district courtdecisions. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.
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