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Poet v. California Air Resources Board

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied, or of...

John v. Alaska Fish & Wildlife Conservation Fund

The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) (Katie John I), the court held that because Congress inc...

Center for Biological Diversity v. Environmental Protection Agency

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...

American Trucking Ass'ns v. Los Angeles, City of

The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...

Alec L. v. Perciasepe

A district court denied a motion to reconsider its earlier dismissal of a lawsuit seeking declaratory and injunctive relief based on the federal government's alleged failure to reduce greenhouse gas emissions. Plaintiffs—five teenage citizens and two environmental groups—argued that each of the ...

Comer v. Murphy Oil USA, Inc.

The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina. The individuals asserted that the companies' activ...