Patently O

OCTOBER 27, 2021

Chevron Oronite Company LLC , No. Lotte International America Corp. , Janssen Pharmaceutica, N.V. , 21-202 ( NHK-Fintiv rule for denying petitions; appealability of IPR petition denial); Apple Inc. Optis Cellular Technology, LLC , No. 21-118 (mandamus review of IPR petition denial); Infineum USA L.P. Bongiorno v.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Army Corps of Engineer permits for construction of a portion of a proposed methanol refinery and export terminal in Washington (the Kalama Project). The court also held that the Corps violated NEPA by not considering the need to expand the regional gas pipeline system as a cumulative indirect effect of the project. 3:19-cv-06071 (W.D.

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SCOTUSBlog

NOVEMBER 17, 2023

17, the justices will consider a broader question: whether to overrule (or at the very least limit) their 1984 decision in Chevron v. Macquarie Infrastructure Corp. 17) – Whether to overrule or limit the court’s 1984 decision in Chevron v. 17) – Whether to overrule or limit the court’s 1984 decision in Chevron v.

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JURIST

APRIL 24, 2023

The US Supreme Court Monday declined to hear five appeals from fossil fuel companies requesting to have their cases moved from state to federal courts. The fossil fuel companies argued that because greenhouse gases travel between states, rather than remain within state boundaries, their emission falls under the purview of federal law.

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SCOTUSBlog

FEBRUARY 10, 2022

Public Company Accounting Oversight Board. Parting company from his liberal colleague, Breyer wrote that he preferred to reach the same result on statutory grounds. Brown & Williamson Corp. More recently, Breyer wrote a powerful dissent from the Supreme Court’s holding in Free Enterprise Fund v.

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JURIST

JANUARY 14, 2025

The Supreme Court of the United States (SCOTUS) on Monday refused to hear the appeals of multiple oil companies alleging that a negligence lawsuit against them violates the US Constitution’s separation of powers and federal common law.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Charleston, SC filed suit against fossil fuel companies alleging their responsibility for “devastating” climate change impacts. In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Agreed to Consider Scope of Appellate Review of Remand Order. Army Corps of Engineers , No. Source: Khanrak ). and non-U.S.

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Intelligize Blog

NOVEMBER 12, 2024

They include former Virgin America CEO David Cush; a former administrator at the Federal Railroad Administration, Sarah Feinberg; former Marriott International Group President Dave Grissen; former WestJet CEO Gregg Saretsky; former Chevron Corp. On the flip side, Elliott sent a message to companies everywhere.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

New Jersey Federal Court Remanded Hoboken’s Climate Case Against Fossil Fuel Companies to State Court. On September 8, 2021, a federal district court in New Jersey granted the City of Hoboken’s motion to remand to state court its climate change lawsuit against oil and gas companies. Chevron Corp. —in Exxon Mobil Corp. ,

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Portland Pipe Line Corp. Army Corps of Engineers (Corps) approval of the Keystone XL pipeline project under the reissued Nationwide Permit 12 (NWP 12) for pipeline and utility projects. The court noted that the administrative record currently documented the Corps’ decision to reissue NWP 12 in 2017. 18-2118 (1st Cir.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. On the same day, the companies filed an application for a stay in the U.S. On September 13, the companies filed an expedited motion for stay pending appeal in the First Circuit.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit Court of Appeals affirmed a district court order remanding to state court the State of Rhode Island’s lawsuit that seeks relief from oil and gas companies for climate change injuries allegedly caused by the companies’ actions. Tenth Circuit Ordered Coal Company to Stop Preparation for Mining in Colorado Roadless Area.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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ClimateChange-ClimateLaw

MARCH 6, 2018

ExxonMobil Corp. Army Corps of Engineers had failed to analyze climate impacts and that floodplain and coastal loss impacts had not been considered as part of the required “public interest” analysis. Army Corps of Engineers , No. Based Fossil Fuel Companies Filed Motions to Dismiss New York City’s Climate Change Lawsuit.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

Army Corps of Engineers violated NEPA and failed to take concerns about impacts on waters of the United States into account. Army Corps of Engineers , No. On January 8, the Court granted the Acting Solicitor General’s motion for leave to participate in oral argument as amicus curiae in support of the companies. Chevron Corp.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit also rejected two arguments by coal companies against the ACE Rule. Army Corps of Engineers permits for the pipeline project. Army Corps of Engineers , No. Exxon Mobil Corp. , 28, 2021); Chevron Corp. Red Lake Band of Chippewa Indians v. 1:20-cv-03817 (D.D.C. On January 19, 2021, the U.S.

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ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. Chevron Corp. Army Corps of Engineers , No.

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ClimateChange-ClimateLaw

MAY 7, 2021

States and Coal Company Sought Review of D.C. The second petition was filed by a coal mining company. The company argued that the D.C. Like the states, the company contended that Supreme Court had already recognized the critical importance of this question when it stayed the Clean Power Plan. In re Exxon Mobil Corp. ,

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ClimateChange-ClimateLaw

APRIL 9, 2021

Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Hawai‘i Federal Court Sent Honolulu’s and Maui’s Climate Cases Back to State Court; Fossil Fuel Companies Appealed. The federal district court for the District of Hawai‘i remanded cases brought by the City and County of Honolulu and the County of Maui seeking to hold fossil fuel companies liable for climate change-related damages.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Exxon Mobil Corp. , Pipeline Company Voluntarily Dismissed Appeal in Case Challenging South Portland Ordinance. Portland Pipe Line Corp. In the Tenth Circuit, both fossil fuel companies and local government entities filed supplemental briefs on July 16. State of Washington ex rel. Haskell v. 98719-0 (Wash. Biden , No.

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