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Week Ahead in Energy and Environment: June 7, 2021

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(Reuters) - Here are some upcoming events of interest to the energy and environmental law community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.

Monday, June 7

- Deadline for the United States to file a response brief in this consolidated lawsuit by the state of Wyoming and the Western Energy Alliance, an oil industry group, challenging President Joe Biden's executive order temporarily suspending new oil and gas leasing on federal lands. The brief must address motions for preliminary injunctions by the plaintiffs.

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The case is Western Energy Alliance v. Biden et al, U.S. District Court for the District of Wyoming, No. 0:21-cv-00013.

For Western Energy Alliance: Alexander Obrecht of Baker & Hostetler.

For State of Wyoming: James Kaste with the Wyoming Attorney General's Office.

For Biden et al: Michael Sawyer with the U.S. Department of Justice.

- Deadline to submit public comments on the proposed revocation of a rule which the U.S. Fish and Wildlife Service finalized under President Donald Trump that says the Migratory Bird Treaty Act (MBTA) does not prohibiting incidental take. The Service now proposes to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion.

- Deadline to submit information to the U.S. Department of Energy as it considers whether to recommend the issuance of an executive order that would seek to strengthen protection of the country's electric infrastructure against attacks.

Tuesday, June 8

- New deadline for embattled attorney Steven Donziger and prosecutors representing the United States to submit in Manhattan federal court post-trial proposed findings of facts and conclusions of law. Last month, Donziger sought to fend off during a bench trial charges of criminal contempt stemming from a lawsuit against him by Chevron Corp whom he spent more than two decades battling over pollution in the Ecuadorian rainforest. Donziger in 2011 won a $9.5 billion judgment against Chevron in an Ecuadorian court, but a Manhattan federal judge later found it had been obtained through fraud. Donziger faces six counts of criminal contempt for defying post-judgment court orders, including for failing to turn over his computer, phones and other electronic devices and refusing court orders to surrender his passport.

The case is USA v. Donziger, U.S. District Court for the Southern District of New York, No. 1:19-cr-00561.

For United States: Rita Glavin of Glavin PLLC and Brian Maloney of Seward & Kissel.

For Donziger: Martin Garbus of Offit Kurman and Ronald Kuby.

Friday, June 11

9:30 a.m. - The 9th U.S. Circuit Court of Appeals in Pasadena will hear oral argument in this bid by Los Angeles to vacate a Federal Aviation Administration (FAA) decision that directs planes arriving at Los Angeles International Airport to fly at low altitude over the city. The city argues that the FAA failed to conduct an environmental review, as mandated by the National Environmental Protection Act. The new arrival routes have sparked opposition by local communities partly due to the noise of planes flying over the heart of Los Angeles.

The case is City of Los Angeles v. Stephen Dickson, et al, 9th U.S. Circuit Court of Appeals, No. 19-71581.

For City of Los Angeles: Peter Kirsch of Kaplan Kirsch & Rockwell.

For Stephen Dickson, et al: Justin Heminger with the U.S. Department of Justice.

Know of an event that could be included in Energy & Environmental Law? Contact Sebastien Malo at sebastien.malo@thomsonreuters.com

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Our Standards: The Thomson Reuters Trust Principles.

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

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