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U.S. Supreme Court Denies Review of California Low-Carbon Fuel Standard

The U.S. Supreme Court today denied several petitions seeking review of the Ninth Circuit’s decision upholding California’s Low-Carbon Fuel Standard (“LCFS”) against claims that the LCFS violates …

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U.S. District Court Rejects Broad Commerce Clause Attack on Colorado’s Renewable Portfolio Standard

On May 9, the Judge William J. Martinez of the U.S. District Court for the District of Colorado summarily dismissed a broad-based challenge to the Colorado Renewable …

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Complicating “Coal By Wires” Regulation, Minnesota Court Strikes Down Greenhouse Gas Regulation

In a ruling with potentially far-reaching consequences for state-level attempts to regulate greenhouse gases, the U.S. District Court for the District of Minnesota on April 18 issued …

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Ninth Circuit Denies Rehearing in Greenhouse Gas Case, Continues to Struggle With Standing in Climate Litigation

A recent order of the U.S. Court of Appeals for the Ninth Circuit illustrates the extent to which courts continue to struggle with otherwise routine legal issues …

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SLAPP Suit Blocked: Court of Appeals Rejects SLAPP Claim in Public Records Act Case

The Washington Court of Appeals today concluded that Washington’s “anti-SLAPP” statute cannot be invoked when a municipality seeks a declaratory judgment to clarify its obligations under the …

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Over Heated Dissent, Ninth Circuit Rejects Rehearing in Low Carbon Fuel Standards Challenge, Setting Up Possible Supreme Court Commerce Clause Showdown

The U.S. Court of Appeals for the Ninth Circuit today rejected petitions for rehearing of its decision in Rocky Mountain Farmers Union v. Corey, the opinion issued …

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Ninth Circuit Rejects Petition Seeking Regulation of Greenhouse Gases in Washington

Two October decisions of the federal courts are likely to have significant implications for regulation of greenhouse gases (“GHG”) under the Clean Air Act. Of greatest note …

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Washington Supreme Court: Executive Privilege Allows Governor To Withhold Documents Under Public Records Act

In a milestone decision, the Washington Supreme Court today upheld Gov. Christine Gregoire’s assertion of executive privilege to prevent disclosure of documents under the Washington Public Records …

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