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Federal Court in RhodeIsland Allowed Failure-to-Adapt Claims to Proceed. First Circuit Heard Oral Arguments in Fossil Fuel Companies’ Appeal of Remand Order in RhodeIsland Case; Ninth Circuit Extended Stay of Mandate in County of San Mateo ; Other Cases Still Pending in District Courts. RhodeIsland v.
The court concluded that CEQ had not demonstrated it would suffer “a reasonably foreseeable harm” from unredacted production. The records included spreadsheets tracking and analyzing comments, draft ANPRM fact sheets, meeting agendas, and emails and meeting invitations regarding CEQ’s process for managing comments. RhodeIsland , No.
The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district courtdecision is still pending, with the opening brief due on July 12.
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