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The Climate Litigation Database
Collection

California v. Bernhardt

Sierra Club v. Zinke 

3:18-cv-05984N.D. Cal.1 entry
Filing Date
Type
Action Taken
Document
Summary
09/28/2018
Complaint
Complaint filed.
After the final rule repealing key provisions of the Waste Prevention Rule was published in the Federal Register, a number of environmental groups led by Sierra Club filed a lawsuit challenging the repeal. The groups asserted claims under the Mineral Leasing Act, the Federal Land Policy and Management Act, NEPA, and the Administrative Procedure Act. Their complaint alleged that BLM’s use of an interim social cost of methane excluded significant domestic and global impacts. The groups contend that an environmental impact statement is required because “extensive record evidence” shows the repeal will have “significant negative public health and climate impacts, and there is a high degree of controversy and uncertainty surrounding the use of the social cost of methane.”

California v. Bernhardt 

3:18-cv-05712N.D. Cal.25 entries
Filing Date
Type
Action Taken
Document
Summary
10/29/2020
Decision
Final judgment entered vacating the final rule.
On October 29, 2020, the federal district court for the Northern District of California entered judgment vacating the 2018 final rule rescinding the U.S. Bureau of Land Management’s 2016 Waste Prevention Rule. The federal defendants and trade group intervenor-defendants have appealed the court’s July 2020 decision vacating much of the 2018 rule. On October 8, the District of Wyoming vacated the 2016 rule, with judgment entered on October 23. No appeals have been filed yet.
10/23/2020
Notice
Notice of lodging [proposed] judgment.
10/16/2020
Decision
Order issued directing parties to file a proposed form of judgment.
10/13/2020
Notice
Notice filed by defendants of vacatur of the 2016 Waste Prevention Rule.