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The Fifth Circuit Court of Appeals ruled that a U.S. Fish and Wildlife Service (FWS) decision denying a petition to delist the golden-cheeked warbler was arbitrary and capricious because the FWS applied “an inappropriately heightened” standard to its review of the delisting petition. Richardson v. Clarno , No. 20CV01920 (Or.
Circuit also rejected two arguments by coal companies against the ACE Rule. First, the court found that EPA made and retained the requisite endangerment finding for regulation of carbon dioxide emissions from power plants. Colorado CourtRuled on Venue for Colorado Local Governments’ Climate Change Claims.
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