Week Ahead in Energy and Environment: June 28, 2021

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(Reuters) – Here are some upcoming events of interest to the energy and environmental law community. Unless otherwise stated, all on-site times apply and court appointments are virtual due to the COVID-19 pandemic.

Monday June 28th

9 a.m. – The US 9th Court of Appeals in Pasadena will hear oral arguments on this appeal by the predominantly indigenous community of Nuiqsut, northern Alaska, and environmental groups who have passed a lower court ruling in favor of the Bureau of Land Management (BLM). contesting the agency’s approval of ConocoPhillips Alaska Inc’s plan for winter oil and gas exploration activities in a portion of the National Petroleum Reserve-Alaska. Plaintiffs argue that BLM approved the plan, which includes six new exploratory wells and nearly 60 miles of ice road, without carefully examining the environmental impact of the activities, as required by the National Environmental Protection Act. Plaintiffs are also making claims under the Alaska National Interest Lands Conservation Act.

The case is Native Village of Nuiqsut et al v BLM et al., US 9th Court of Appeals, No. 20-35224. For the indigenous village of Nuiqsut, among others: Eric Jorgensen from Earthjustice. For BLM, among others: Amelia Yowell from the US Department of Justice.

Friday July 2nd

9 a.m. – Support Working Animals Inc, a group devoted to protecting greyhound racing, will hear the 11th appeals court overturn a lower court ruling dismissing their lawsuit after finding that the defendant in the case, including the Florida State Secretary, cannot redress plaintiffs’ alleged violation under a 2018 law that prohibits betting on live dog races. The plaintiffs, which include greyhound breeders and other members of the greyhound racing industry, are making constitutional claims.

The case is Support Working Animals, Inc., et al. v Florida Governor, et al., U.S. 11th Court of Appeals, No. 20-12665. For Support Working Animals, Inc., et al .: Dawn Alba. For Florida Governor, including: Kevin Golembiewski of the Florida Attorney General’s Office.

9:00 am – Retail giant Walmart Inc will, during a hearing, urge a federal judge in San Francisco to reject claims by environmental group Greenpeace that the company is labeling some of its private label plastic products as “recyclable” when that option is not available to most consumers . Greenpeace claims that Walmart is violating California’s unfair competition law by marketing and selling single-use plastic products labeled # 3 through # 7 as recyclable, even though they are rarely accepted by U.S. consumer recycling programs. Walmart filed a dismissal motion in March.

The case is Greenpeace Inc v Walmart Inc, US District Court California Northern District, No. 3: 21-cv-00754. For Greenpeace Inc: Howard Hirsch of the Lexington Law Group. For Walmart Inc: Patrick Oot of Shook Hardy and Bacon.

Do you know of an event that could be included in energy and environmental law? Contact Sebastien Malo at sebastien.malo@thomsonreuters.com

Sebastian Malo

Sebastien Malo reporter on environmental, climate and energy disputes. Reach him at sebastien.malo@thomsonreuters.com



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