The First Circuit Court of Appeal questioned whether it had jurisdiction to consider an appeal of a Massachusetts district court order staying a citizen suit seeking to compel ExxonMobil Corporation to prepare a marine distribution terminal for severe weather and other climate change impacts. The First Circuit directed the plaintiff-appellant, Conservation Law Foundation, either to move for voluntary dismissal of the appeal or to show cause why the appeal should not be dismissed for lack of jurisdiction. The order stated that “[b]ecause the order appealed from does not appear to be final or appealable on an interlocutory basis, this court does not appear [to] have jurisdiction to review.” The First Circuit said failure to take action by July 10 would lead to dismissal for lack of diligent prosecution.

Citizen suit alleging violations of RCRA and Clean Water Act for failure to take action to prepare marine terminal for climate change.

Conservation Law Foundation v. ExxonMobil Corp.

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Environmental Group Must Show Why It Can Appeal Stay Order in Citizen Suit Challenging Climate Readiness of Exxon Terminal

Filed

United States of America

Massachusetts

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.