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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Tenth Circuit Ordered Coal Company to Stop Preparation for Mining in Colorado Roadless Area. The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.”

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Animal Legal Defense Fund v. Living Rivers v. Hoffman , No. 4:19-cv-00057 (D. Utah June 21, 2021). BP p.l.c. , 19-1644 (4th Cir.

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