Cause of Action Court Decisions West Virginia 
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.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
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 court decisions. West Virginia v.
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