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Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district courtruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. California Chamber of Commerce v.
McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,
Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. Connecticut ; Requested “Tutorial” on Climate Change. Connecticut ) and Ninth Circuit ( Native Village of Kivalina v. ExxonMobil Corp.
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