ClimateChange-ClimateLaw
JULY 6, 2017
DECISIONS AND SETTLEMENTS. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.
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.
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JURIST
MAY 27, 2024
It was in response to the Supreme Court decision Kelo v. Although not as emphatic as the first two, it is still a clear call from this generation for a truly democratic system. The fourth and final amendment to pass was an amendment limiting eminent domain. New London.
ClimateChange-ClimateLaw
OCTOBER 7, 2019
The court dismissed the proceedings 11 days after the effective date of the U.S. Environmental Protection Agency (EPA) rule repealing the Clean Power Plan and finalizing the final Affordable Clean Energy rule in its place. West Virginia v. The case was argued before the High Court on January 22, 2019.
ClimateChange-ClimateLaw
MARCH 6, 2018
DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. West Virginia v. Northern Plains Resource Council v.
ClimateChange-ClimateLaw
JUNE 8, 2021
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. West Virginia v. Justice Alito did not take part in the case. Connecticut v.
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