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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. Several factors led to the Supreme Court’s decision. On April 24, the U.S.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v. A short explanation of relists is available here. But the U.S.

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Court asks for government’s views in decades-old Exxon dispute with Cuba

SCOTUSBlog

The Supreme Court on Monday asked the Trump administration to weigh in on a dispute between Exxon Mobil and three Cuban-owned companies stemming from the Cuban governments seizure of property more than a half-century ago. Court of Appeals for the District of Columbia Circuit, which by a vote of 2-1 upheld the district courts decision.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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January 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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