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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court Upheld State Department’s Invocation of FOIA Exception for Legal Memorandum Supporting Paris Agreement Request. Department of State properly withheld a legal memorandum that accompanied an “action memorandum” seeking authorization from the Secretary of State to join the Paris Agreement. 4:19-cv-00362 (E.D. filed Sept.

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Brace yourself: The US Supreme Court has granted certiorari in the firearms case of Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos (Mexico)

Conflict of Laws

93A [Massachusetts Consumer Protection Act], punitive damages. Amicus briefs have been filed by: Washington Legal Foundation Atlantic Legal Foundation Landmark Legal Foundation Montana National Shooting Sports Foundation, Inc. At first, a US District Court dismissed the case, which we reported here.

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November 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Montana Federal Court Allowed Some Coal Mining Activity to Take Place While Federal Agency Completed Required NEPA Review. The company said the injunction would “[i]n a matter of weeks … cause severe consequences to the mine and its employees, in an area of Montana that can ill-afford economic displacement.” CP18-5 (FERC Oct.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.” Bernhardt , No. 4:18-cv-05712 (N.D. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.

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May 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.” Montana Federal Court Vacated Approvals for Mining Project. Haaland , No. 1:21-cv-00175 (D.D.C. The groups alleged that the U.S.

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