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(Reuters) – Here are some upcoming events of interest to the energy and environmental law community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.
Monday, Aug. 23
Deadline for Texas and several other states that sued the Biden administration over his decision to revoke a key permit for the Keystone XL pipeline to respond to the administration’s motion to dismiss the lawsuit. The lawsuit filed in Galveston, Texas federal court in March states that President Joe Biden does not have the unilateral authority to change energy policy that the Congress has set. It makes separation of powers claims under the U.S. Constitution.
The case is State of Texas et al v. Joseph R. Biden, Jr., et al, U.S. District Court for the Southern District of Texas, No. 3:21-cv-00065.
For State of Texas et al: Jeffrey White with the Office of the Texas Attorney General.
For Joseph R. Biden, Jr., et al: Jean Lin with the U.S. Department of Justice.
Tuesday, Aug. 24
Deadline for the Biden administration to file a response to a motion by states seeking an order to show cause why the administration should not be held in contempt for violating a Lakes Charles, Louisiana federal court June order enjoining it to hold oil and gas lease sales. The administration on Monday appealed the June 15 decision that blocked its pause on new oil and gas leasing, but said it will proceed with leasing during the appeals process. The plaintiffs, including Louisiana, sued in March over Biden’s pause on new oil and gas leasing on federal lands and waters.
The case is Louisiana et al v Biden et al, U.S. District Court for the Western District of Louisiana, No. 2:21-cv-00778.
For Louisiana et al: Elizabeth Murrill with the Office of the Louisiana Attorney General.
For Biden et al: Thomas Ports with the U.S. Department of Justice.
10 a.m. – U.S. District Judge Jane Triche Milazzo in New Orleans federal court will hold a hearing on a motion by the state of Louisiana to preliminary enjoin the implementation of a National Marine Fisheries Service regulation that obliges certain shrimp fishermen to install devices that keep endangered sea turtles out of their catch. In a complaint filed last week, Louisiana Attorney General Jeff Landry said the rule that took effect on Aug. 1 would have “devastating consequences” on the fishermen’s already-thin profit margins, and has sowed confusion with fishermen unable to find enough suppliers of so-called turtle-excluder devices for their fishing nets because the coronavirus pandemic has disrupted the supply chain.
The case is Louisiana State v. Department of Commerce et al, U.S. District Court for the Eastern District of Louisiana, No. 2:21-cv-01523.
For Louisiana State: Elizabeth Murrill with the Office of the Louisiana Attorney General.
For Department of Commerce et al: Shampa Panda with the U.S. Department of Justice.
New deadline for private lawyers serving as prosecutors for the United States of disbarred American lawyer Steven Donziger to file their sentencing submission. The Harvard Law School graduate who spent more than two decades trying to prove Chevron Corp polluted Ecuador’s rainforest was found guilty last month by a U.S. judge of six counts of criminal contempt. His sentencing is scheduled for Oct. 1.
The case is United States v. Donziger, U.S. District Court for the Southern District of New York, No. 1:19-cr-00561.
For the United States: Rita Glavin of Glavin PLLC and Brian Maloney of Seward & Kissel.
For Donziger: Martin Garbus of Offit Kurman and Ronald Kuby.
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