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DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). 22, 2018); Wyoming v. order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.
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. The court also declined to sever and transfer the land-based portion of the lawsuit.
After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. The cases were filed in 2016 , 2020 , and 2021.
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