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In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, RhodeIsland, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.
The Ninth Circuit said the new issuance of NWP 12 rendered the appeals moot and ordered the district court to dismiss the underlying claim. The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district courtdecisions. RhodeIsland v.
In December 2020, three additional petitions for writ of certiorari were filed by fossil fuel companies seeking review of decisions affirming remand orders in cases brought by the County of San Mateo and other California local governments, by RhodeIsland, and by the City of Boulder and Boulder and San Miguel Counties in Colorado.
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 courtdecision is still pending, with the opening brief due on July 12.
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