ClimateChange-ClimateLaw

DECEMBER 11, 2020

In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.

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Court Government Litigation Litigating 54

ClimateChange-ClimateLaw

JANUARY 13, 2021

Federal Court Ordered FOIA Production of CEQ Records Related to NEPA Rulemaking. The court concluded that CEQ had not demonstrated it would suffer “a reasonably foreseeable harm” from unredacted production. The Court found that the case was not justiciable because it did not have a sufficient legal component to anchor the analysis.

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Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JULY 2, 2021

The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12. Steele , No.

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Court Statute Litigation Litigating 44