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A three-judge panel of the U.S. Court of Appeals for the District of Columbia said the law, which instructed the U.S. Circuit said the law "makes clear" that those leases are no longer subject to requirements of the National Environmental Policy Act, which requires a thorough look at environmental impacts of proposed major federal actions. Earthjustice attorney Steve Mashuda, who represented the environmental groups, said in a statement that the decision will harm Gulf communities and ecosystems. A spokesperson for the American Petroleum Institute called the order a “positive step toward more certainty and clarity for energy producers.”The Interior Department, which did not appeal the lower court decision, declined to comment. v. Debra Haaland et al., U.S. Court of Appeals for the District of Columbia Circuit, case No.

The justices turned away five appeals by the oil companies of lower court decisions that determined that the lawsuits belonged in state court, a venue often seen as more favorable to plaintiffs than federal court. A separate appeal filed by the oil companies challenging lower court decisions in cases out of New Jersey and Delaware is still pending before the Supreme Court. Theodore Boutrous, an attorney for Chevron, expressed confidence that the cases will be dismissed in state court. That decision prompted other federal appeals courts to reconsider whether they should send similar lawsuits by state and local governments back to state courts. Four other appeals courts reached similar conclusions in the lawsuits by Rhode Island and jurisdictions in California, Colorado, Hawaii and Maryland.

[1/2] People stand in front of a welcome sign at a security checkpoint at Seattle-Tacoma International Airport in SeaTac, Washington, U.S. April 12, 2021. The residents asked for an order forcing the Port of Seattle, Alaska Airlines and Delta Airlines to establish a fund for medical monitoring to help screen for diseases. A representative for the Port of Seattle said the airport and its tenants follow strict federal, state and local requirements that address environmental issues like air quality and noise. The Seattle-Tacoma airport is located south of the city of Seattle, and is the primary commercial air hub for the region. The case is Codoni v. Port of Seattle, Superior Court of the State of Washington in and for the County of King, No.

☆ U.S. judge blocks Biden clean water rule in 24 states
▼ + stars: | 2023-04-12 | by ( ) www.reuters.com time to read: +2 min

April 12 (Reuters) - A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections for seasonal streams and wetlands in 24 states, according to court documents. U.S. District Court Judge Daniel Hovland granted the states' request for a preliminary injunction prohibiting enforcement of the Environmental Protection Agency's Waters of the United States rule, which was finalized in December. In the order, Hovland said the states would "expend unrecoverable resources complying with a rule unlikely to withstand judicial scrutiny." An EPA spokesperson said the agency is reviewing Wednesday’s ruling and called the Biden administration rule “the best interpretation” of the Clean Water Act. In Congress, Republicans led an effort to repeal the water rule last month, with limited support from across the aisle including four Senate Democrats and independent Senator Kyrsten Sinema of Arizona.

☆ Federal judge blocks Biden clean water rule in 24 states
▼ + stars: | 2023-04-12 | by ( ) www.reuters.com time to read: +1 min

April 12 (Reuters) - A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections for seasonal streams and wetlands in 24 states, according to court documents. U.S. District Court Judge Daniel Hovland granted the states' request for a preliminary injunction prohibiting enforcement of the Environmental Protection Agency's Waters of the United States rule, which was finalized in December. In the order, Hovland said the states would "expend unrecoverable resources complying with a rule unlikely to withstand judicial scrutiny." West Virginia and 23 other Republican-led states sued the EPA in February, alleging the rule violates the U.S. Constitution and sows confusion for landowners. Reporting by Clark Mindock and Nichola Groom; editing by Jonathan OatisOur Standards: The Thomson Reuters Trust Principles.

CompaniesCompanies Law Firms Conocophillips FollowApril 3 (Reuters) - A federal judge on Monday rejected a bid by environmentalists to temporarily suspend the U.S. government’s approval of ConocoPhillips' (COP.N) multibillion-dollar oil drilling project in Alaska’s Arctic. Gleason said an injunction was inappropriate because the groups wouldn't be irreparably harmed by the construction that ConocoPhillips has scheduled for this month, which includes building roads and a gravel mine. Bridget Psarianos, an attorney challenging the approval, called the planned construction schedule "aggressive" and said the judge's decision is "heartbreaking." The approvals for the project in northern Alaska give ConocoPhillips permission to construct three drill pads, 25.8 miles of gravel roads, an air strip and hundreds of miles of ice roads. The 30-year project would produce up to 180,000 barrels of oil per day at its peak, according to the company.

☆ Mountain Valley Pipeline's West Virginia water permit tossed by court
▼ + stars: | 2023-04-03 | by ( Clark Mindock | ) www.reuters.com time to read: +3 min

Circuit Court of Appeals found several defects in the review the West Virginia Department of Environmental Protection conducted before issuing the permit. They told the court the agency ignored Equitrans' history of violating state water regulations when it issued the permit under the Clean Water Act. A spokesperson for the West Virginia Department of Environmental Protection said they're reviewing the decision. The permit is one of the last remaining hurdles for the multi-billion dollar project, which would carry natural gas between West Virginia and Virginia. For West Virginia: Attorney General Patrick Morrisey, Michael Williams and Lindsay See of the state attorney general’s office and Jason Wandling of the West Virginia Department of Environmental Protection.

☆ Biden administration tells Supreme Court Big Oil climate cases belong in state court
▼ + stars: | 2023-03-17 | by ( Clark Mindock | ) www.reuters.com time to read: +2 min

SummarySummary Companies Solicitor general urged SCOTUS to reject Big Oil's appealFive appeals courts have supported state jurisdictionMarch 16 (Reuters) - A lawsuit filed by several Colorado municipalities accusing ExxonMobil Corp and Suncor Energy Inc. of exacerbating climate change belongs in state court where it was filed, the Biden administration told the U.S. Supreme Court on Thursday. The administration urged the justices to reject the oil companies’ petition for review of a February 2022 appeals court's ruling that sent the case back to state court, a venue generally considered more favorable to the municipal plaintiffs. The oil companies have denied the local and state governments' allegations and argued that despite the municipalities only raising state law claims, the cases clearly raise federal questions. The Supreme Court first considered the jurisdiction question in 2021 in case brought by the city of Baltimore. Circuit Court of Appeals to reconsider arguments for removal raised by the oil companies in that case, but didn't weigh in directly on which courts were proper.

Companies Conocophillips FollowWASHINGTON, March 14 (Reuters) - Six environmental groups filed a lawsuit on Tuesday over the Biden administration's approval of ConocoPhillips' (COP.N) Willow oil and gas project in Alaska, which they claimed could be a stepping stone to more development in an ecologically sensitive region. Trustees for Alaska, the Alaska Wilderness League, the Sierra Club, The Wilderness Society and other groups said the U.S. Interior Department approved Willow on public lands on the north coast of the state despite acknowledging and failing to mitigate "known harms" to Arctic communities, public health, wildlife and climate. The Interior Department on Monday approved three drill pads for Willow after saying last month it was concerned about the greenhouse gas emissions. The Interior Department did not immediately respond to a request for comment on the suits.

REUTERS/Gaelen MorseCompanies Norfolk Southern Corp FollowMarch 14 (Reuters) - The state of Ohio sued Norfolk Southern (NSC.N) Tuesday over the Feb. 3 derailment of a freight train that released over a million gallons of hazardous materials and pollutants into the environment around the town of East Palestine. Since the Ohio derailment caused cars carrying toxic vinyl chloride and other hazardous chemicals to spill and catch fire, Norfolk Southern has been under pressure over a number of train derailments. Last week, Norfolk Southern CEO Alan Shaw was sharply questioned at a U.S. Senate hearing and will appear at another March 22 rail safety Senate hearing. Those suits claim Norfolk Southern was negligent and has created a nuisance for residents, among other claims for liability. Last week, Norfolk Southern agreed to create a new first responders training center and expand a training program in Ohio.

Companies Conocophillips FollowWASHINGTON, March 13 (Reuters) - The oil industry on Monday cheered the U.S. government's greenlighting of ConocoPhillips' multibillion-dollar oil drilling project in Alaska's Arctic, but court challenges could mire the plans in further delays. President Joe Biden's administration approved a trimmed-down version of the $7 billion Willow project on federal lands in a pristine area on Alaska's north coast. Kristen Monsell, a senior attorney at the Center for Biological Diversity, another group involved in the previous suits, said Monday's approval for the Willow project is "still inadequate in numerous respects." Senator Dan Sullivan, a Republican from Alaska, told reporters the state's lawmakers are prepared to defend the decision against "frivolous" legal challenges. Even if Interior could beat back the oil company's challenge, it would probably only mean another delay for Willow, he said.

☆ Justices ask government for input on Texas electric grid dispute
▼ + stars: | 2023-03-06 | by ( Clark Mindock | ) www.reuters.com time to read: +2 min

Miniatures of windmill, solar panel and electric pole are seen in front of NextEra Energy logo in this illustration taken January 17, 2023. Representatives for the U.S. Department of Justice, NextEra and Texas didn’t immediately respond to requests for comment Monday. Circuit Court of Appeals in August said the state’s law likely violated the clause and sent the case back to a Texas federal court for further consideration. V. NextEra Energy Capital Holdings, U.S. Supreme Court, case No. For Texas: Judd Stone of the Texas Attorney General’s OfficeFor NextEra: Lino Mendiola of Eversheds Sutherland, Stuart Singer of Boies Schiller Flexner and Matthew Price of Jenner & Block

REUTERS/Rebecca CookFeb 27 (Reuters) - Ohio residents suing Norfolk Southern Corp (NSC.N) over a train derailment that spilled toxic chemicals urged a U.S. judge on Monday to block the company from destroying the wreckage without first giving them ample opportunity to inspect the crash site. The derailment of the Norfolk Southern operated train in East Palestine on Feb. 3 forced thousands of residents to evacuate while railroad crews drained and burned off toxic chemicals. They asked the judge to give their experts more time before Norfolk Southern removes and destroys the wreckage, which was slated to start on Wednesday. She asked whether Norfolk Southern could remove low-priority cars to an offsite storage location for later inspection, or if other options were available. The EPA on Saturday announced it was temporarily pausing Norfolk Southern's shipment of material from the crash site, but promised those efforts would resume soon.

The Biden administration rule would protect wetlands and seasonal streams, not just permanent waterways like the rivers and lakes they feed into. Those smaller waterways were largely eliminated from protections by a Trump administration rule. The Biden administration signaled its intent to replace that rule in June 2021. The Trump-era rule had been vacated by an Arizona federal court in August 2021, which restored previous standards while the Biden administration worked on its changes. For the states: West Virginia Attorney General Patrick Morrisey, Solicitor General Lindsay See and Senior Deputy Solicitor General Michael WilliamsFor the EPA: Counsel not immediately availableOur Standards: The Thomson Reuters Trust Principles.

Here are four climate and environment lawsuits that are likely to make headlines in 2023. The oil companies in the nation's high court are hoping to upend a series of circuit court decisions saying the cases belong in state courts where they were filed. If the court takes the appeal and rules for the oil companies, then the cases would be moved to federal court, the preferred venue for the industry defendants. (Bellwether trials are chosen as test cases and are used to work through common legal and factual issues.) "I think it will be a huge year for this issue," Conroy said of 2023.

WASHINGTON, Kansas, Dec 9 (Reuters) - Emergency crews on Friday were preparing to labor through the weekend to clean up the largest U.S. crude oil spill in nearly a decade, with workers descending on this farming community from as far away as Mississippi. This is the third spill of several thousand barrels of crude on the pipeline since it opened in 2010. U.S. regulator Pipeline and Hazardous Materials Administration said the company shut the pipeline seven minutes after receiving a leak detection alarm. Workers quickly set up a containment area to restrict oil that had spilled into a creek from flowing downstream. Even once the pipeline starts operating again, the affected area will have to flow at reduced rates pending PHMSA approval.

Dec 9 (Reuters) - The effort to remove oil from the largest crude spill in the United States in nearly a decade will extend into next week, the U.S. Environmental Protection Agency said on Friday, making it likely that the Keystone pipeline shutdown will last for several more days. TC Energy (TRP.TO) shut the largest oil pipeline to the United States from Canada on Wednesday after it leaked 14,000 barrels of oil into a Kansas creek. This is the third spill of several thousand barrels of crude on the pipeline since it first opened in 2010. A previous Keystone spill had caused the pipeline to remain shut for about two weeks. The oil spill has not threatened the local water supply or forced local residents to evacuate, Washington County Emergency Management Coordinator Randy Hubbard told Reuters.

Dec 9 (Reuters) - TC Energy (TRP.TO) said on Friday it is evaluating plans to return its Keystone pipeline to service after it leaked 14,000 barrels of oil into a Kansas creek, the largest crude spill in the United States in nearly a decade. TC Energy was expected to restart flows on the segment of the pipeline extending to Patoka, Illinois, Bloomberg News reported earlier, citing sources. This is the third spill of several thousand barrels of crude on the pipeline since it first opened in 2010. TC Energy remained on site with around 100 workers leading the clean-up and containment efforts, and the EPA was providing oversight and monitoring, Ashford said. The oil spill has not threatened the local water supply or forced local residents to evacuate, Washington County Emergency Management Coordinator Randy Hubbard told Reuters.

☆ Factbox: The newest fronts in climate-change-related legal battles
▼ + stars: | 2022-11-18 | by ( Clark Mindock | ) www.reuters.com time to read: +6 min

At the COP27 climate talks in Egypt, U.N. experts last week warned that many corporate environmental claims amounted to “empty slogans and hype.” This could embolden campaigners to launch more legal cases against climate-action laggards. The companies have denied the allegations in the lawsuits but have made public promises to work to avoid plastic pollution. The group claims the fossil fuel investments violate the French duty of vigilance law requiring corporations to identify and reduce environmental harms. The group, led by Oxfam France and Friends of the Earth France, called the move an "unprecedented legal action." The lawsuit claims DWS told investors that it invests 0% in controversial sectors such as coal, but elsewhere indicated revenue from the coal industry accounts for as much as 15% of the fund's revenue.

☆ Silver heads for biggest deficit in decades, Silver Institute says
▼ + stars: | 2022-11-18 | by ( Clark Mindock | ) www.reuters.com time to read: +2 min

LONDON, Nov 18 (Reuters) - Global demand for silver is expected to rise 16% this year to 1.21 billion ounces, creating the biggest deficit in decades, according to the Silver Institute on Thursday night. The Silver Institute predicted a deficit of 194 million ounces this year, up from 48 million ounces in 2021. The Silver Institute predicts a 16% increase in demand this year to 1.21 billion ounces. Silver prices have fallen around 10% this year to $21 an ounce, mostly due to financial investors selling silver in response to rising U.S. bond yields and a strengthening dollar. SILVER DEMAND (MILLIONS OF OUNCES)*Source: The Silver Institute, Metals FocusReporting by Peter Hobson; Editing by Lisa ShumakerOur Standards: The Thomson Reuters Trust Principles.

That ruling, widely known as “Chevron deference,” directs judges to defer to agencies’ interpretation of laws that may be ambiguous. The companies sued the federal government in 2020 over the monitors, who ensure the boats are complying with federal fishing laws. The precedent has been viewed with increasing skepticism in recent years, especially among conservatives, including Supreme Court Justice Neil Gorsuch. v. Gina Raimondo et al., United States Supreme Court, case No. For the fishing companies: Paul Clement, Andrew Lawrence and Chadwick Harper of Clement & MurphyFor the government: Counsel information not immediately availableOur Standards: The Thomson Reuters Trust Principles.

☆ California sues 3M, Dupont over toxic 'forever chemicals'
▼ + stars: | 2022-11-10 | by ( ) www.reuters.com time to read: +2 min

Nov 10 (Reuters) - California's attorney general on Thursday sued 3M Co (MMM.N), DuPont de Nemours Inc (DD.N) and several other companies to recoup the "staggering" clean-up costs from toxic pollutants known as "forever chemicals." The substances are known as forever chemicals because of how long they stay in the human body and environment. "The damage caused by 3M, DuPont, and other manufacturers of PFAS is nothing short of staggering, and without drastic action, California will be dealing with the harms of these toxic chemicals for generations," Bonta said. In June, the U.S. Environmental Protection Agency warned that forever chemicals could be dangerous even at undetectable levels. The Biden administration is expected to issue the first enforceable drinking water regulations for PFAS in public water systems this year.

☆ Emperor penguins now a threatened species due to climate change, U.S. says
▼ + stars: | 2022-10-25 | by ( Clark Mindock | ) www.reuters.com time to read: +2 min

Endangered Species Act. Fish and Wildlife Service said emperor penguins should be protected under the law since the birds build colonies and raise their young on the Antarctic ice threatened by climate change. The agency's review followed a 2011 petition by the environmental group Center for Biological Diversity to list the bird under the Endangered Species Act. Tuesday's designation was described as a warning that emperor penguins need “urgent climate action” in order to survive by Shaye Wolf, the climate science director at the Center for Biological Diversity. The 1973 Endangered Species Act is credited with bringing several animals back from the brink of extinction, including grizzly bears, bald eagles, gray whales and others.

☆ Biden 'social cost of carbon' climate risk measure upheld by U.S. appeals court
▼ + stars: | 2022-10-21 | by ( Clark Mindock | ) www.reuters.com time to read: +2 min

The social cost of carbon metric is used in rulemaking processes and permitting decisions to calculate economic damages associated with a rise in greenhouse gas emissions from burning fossil fuels and other activities. The decision supports the Biden administration's argument that states cannot sue until federal agencies incorporate the metric into decisions. The Democratic Biden administration had determined the cost to be around $51 per metric ton of carbon dioxide emissions, quintuple the roughly $10 figure implemented under Trump, a Republican. The states argued in a lawsuit filed in Missouri federal court last year that the pricing system would lead to regulatory restrictions that would overburden farmers and manufacturers. Circuit Court of Appeals reversed that sweeping injunction, the U.S. Supreme Court in May affirmed.

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