ClimateChange-ClimateLaw

OCTOBER 20, 2020

Wyoming Federal Court Vacated 2016 Waste Prevention Rule. The federal district court for the District of Wyoming vacated the bulk of the Waste Prevention Rule promulgated during the Obama administration, holding that the U.S. After that court vacated the repeal in July 2020, the Wyoming federal court lifted the stay.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The mining company argued that the district court should not have issued the injunction without hearing legal arguments and factual evidence on the appropriate remedy, and without weighing the mandatory factors for a mandatory injunction. The court granted the company leave to amend its complaint with 21 days. Resolute Forest Products, Inc.

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JURIST

MARCH 26, 2021

” Wyoming filed a separate complaint in the federal District Court for its own state. ” Wyoming also alleges that the Department of the Interior implemented a “clever scheme … to shroud” its actions “from both the public view and judicial review.”

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. On October 8, the District of Wyoming vacated the 2016 rule, with judgment entered on October 23.

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ClimateChange-ClimateLaw

APRIL 25, 2024

The Problem of Methane Leaks from Federally Managed Lands BLM administers an oil and gas leasing program on public lands under a variety of statutes, including the Mineral Leasing Act (“MLA”), the Federal Land Policy and Management Act, and the Indian Mineral Development Act. While Wyoming v. DOI , 493 F. 3d 1046 (D.

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ClimateChange-ClimateLaw

MARCH 6, 2018

California Federal Court Barred BLM from Enforcing Delay of Oil and Natural Gas Waste Prevention Rule; States, Trade Groups Asked Wyoming Court to Expedite Review of Rule and Suspend Deadlines. The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Renewable Fuels Association v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

Zinke , where the court held that BLM failed to adequately analyze greenhouse gas emissions and climate change impacts of oil and gas leases in Wyoming. 1442, or the civil-rights removal statute, 28 U.S.C. The plaintiffs alleged that BLM recognized, based on WildEarth Guardians v. Friends of the Headwaters v.

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SCOTUSBlog

JUNE 28, 2021

In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. And in the second case, Montana and Wyoming v.

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ClimateChange-ClimateLaw

DECEMBER 7, 2020

While the first lease sale is not legally required to occur for another year, the Trump Administration is moving ahead now. Thus, for example, the Secretary of the Interior has previously cancelled leases that were issued before the requirements of NEPA and other statutes were met. procedural requirements.” There is a catch, however.

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ClimateChange-ClimateLaw

JULY 2, 2021

After the Louisiana federal court issued the nationwide injunction, the federal district court for the District of Wyoming issued a sua sponte order in a separate case challenging the pause on new onshore leasing. On June 30, the Wyoming federal court denied the motions without prejudice, finding that they were “materially moot.”

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. 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.” WildEarth Guardians v.

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ClimateChange-ClimateLaw

MARCH 9, 2021

in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Citing “Unique Background” of Case, Montana Federal Court Rejected Transfer of Claims Regarding Public Lands in Wyoming. Animal Legal Defense Fund v. Chevron Corp. Azar , No. 3:20-cv-03703 (N.D.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order. Frosh , No.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act.

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