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The Climate Litigation Database

Mattwaoshshe v. United States

About this case

Filing year
2020
Status
Motions to dismiss granted.
Docket number
20-cv-1317 (TSC)
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Columbia (D.D.C.)
Case category
Carbon Offsets and Credits (US)Commercial (US)Federal Statutory Claims (US)Endangered Species Act and Other Wildlife Protection Statutes (US)Federal Statutory Claims (US)NEPA (US)
Principal law
United States25 U.S.C. Chapter 5 (Protection of Indians)United StatesAmerican Indian Religious Freedom Act of 1978United StatesEndangered Species Act (ESA)United StatesNational Environmental Policy Act (NEPA)United StatesState Law—NegligenceUnited StatesState Law—Nuisance
At issue
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
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Search results
08/17/2021
Motions to dismiss granted.
The federal district court for the District of Columbia granted the defendants' motion to dismiss the case on the grounds that the court did not have personal jurisdiction over two of the defendants. In an attempt to establish personal jurisdiction, the plaintiffs argued that the wind power company proposing the project would eventually sell energy, clean energy credits, and carbon offset credits in the District of Columbia. The court ruled that these claims “do not have enough of a connection to the District of Columbia to establish long-arm jurisdiction.” The court dismissed claims against federal defendants for lack of subject matter jurisdiction and declined to exercise supplemental jurisdiction over state law claims against another defendant.
Decision
05/18/2020
Complaint filed.
Plaintiffs sued the federal government and energy developers to prevent the construction of wind turbines. They alleged, among other claims, that the government violated the National Environmental Policy Act by failing to prepare a full Environmental Impact Statement. Plaintiffs alleged that the company's potential sale of carbon credits in Washington D.C. allows the court to establish personal jurisdiction in this case.
Complaint

Summary

Lawsuit brought by citizen of the Kickapoo Nation and Indian Tribe and a Kansas resident against federal and private defendants challenging the Soldier Creek Wind Project in Kansas.

 Topics mentioned most in this case  
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Group
Topics
Policy instrument
Risk
Impacted group
Renewable energy
Greenhouse gas
Economic sector
Finance