The appellate court first examined the use of a habitat surrogate in assessing environmental impacts—evaluating habitat loss rather than specific bat population numbers—and concluded that the district court had not erred in its analysis. The court determined that there was a clear causal link between the destruction of habitat acres and the incidental take of bats.

Additionally, the appellate court concurred with the district court’s finding that the appellants failed to demonstrate a sufficient likelihood of success on the merits to justify injunctive relief. The court emphasized established precedent, which limits judicial review to determining whether the U.S. Army Corps of Engineers took a "hard look" at the environmental consequences, rather than allowing the court to substitute its own judgment for that of the agency. Given the Corps' thorough consideration of each factor raised by the appellants in its environmental assessment, the appellate court upheld the district court’s ruling.

Challenge to the issuance of a Clean Water Act permit authorizing the filling of wetlands for construction of a mixed-use residential and commercial development in South Carolina.

South Carolina Coastal Conservation League v. U.S. Army Corps of Engineers

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Fourth Circuit Affirmed Denial of Preliminary Injunction to Halt Development Project

Filed

United States of America

South Carolina

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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.

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People who have left their homes, whether through force, voluntarily, or a mixture of both

woman and genders outside of the gender binary

Activities that relate to the production of goods and services from forests.

Fourth Circuit Affirmed Denial of Preliminary Injunction to Halt Development Project

Risk

Impacted group

Fossil fuel

Economic sector