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In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. Subsequently, two administrative cases were filed, one in Kobe in 2018 ( Citizens Committee on the Kobe Coal-Fired Power Plant v. Sendai Power Station ).
Credit: Tobias Reich, Unsplash The Sabin Center’s Global Climate Change Litigation Database currently lists over 2000 cases. And what do they say about the future of climate litigation in the country? The country also has a strong tradition of public interest litigation , with roots in the anti-apartheid struggle.
Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrativelaw history.
In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.
But in the years since then, it became one of the most important rulings on federal administrativelaw, cited by federal courts more than 18,000 times. The agency stopped the monitoring in 2023 because of a lack of funding. While the program was in effect, the agency reimbursed fishermen for the costs of the observers.
Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation. This is likely to impact the success rate of litigation claims, since the clearer an obligation is in its scope and nature, the more likely it is that non-compliance is sanctioned.
While the FCC adopted these rules to cover all stations in 2021 (see our article here ), as new forms were needed for LPTV, translator, and Class A stations, these rules are only now becoming effective, on May 18, 2023, as the forms needed approval from the OMB which has only recently occurred. DMAs 101 through 210).
Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrativelaw questions in federal trial and appellate courts across the US.
In February 2023, the Tribunal of Cundinamarca decided the case. In April 2023, the Council of State, the highest court on administrativelaw matters, affirmed the decision. The Court ordered the MADS to fulfill its obligations by October 20, 2023, and provide monthly progress reports prior to that.
According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrativelaw judge on the International Trade Commission for over 10 years. A new Chief Copyright Royalty Judge of the Copyright Royalty Board has just been named by the Librarian of Congress.
Hull Late last month, the Department of Justice filed a short statement regarding administrativelaw judges (ALJs). The letter stated that the Department had already taken this position in ongoing litigation, referencing a pending case before the U.S. Court of Appeals for the Third Circuit, Axalta Coating Systems LLC v.
As the Supreme Court’s 2023 year draws to a close, the court has denied certiorari in the vast majority of IP related cases, with the Dewberry trademark damages case left as the only IP case granted certiorari. 23-1217) This is an administrativelaw case asking when the APA requires the PTO to conduct formal rulemaking.
District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. FERC has authorized RTOs to address such congestion by “planning, and [] directing or arranging, necessary transmission expansions, additions, and upgrades and coordinat[ing] such efforts with the appropriate state authorities.”
18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing.
New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrativelaw, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).
Rather, the bill is structured so that liability is fully determined by an AdministrativeLaw Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ.
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] NASA Finds June 2023 Hottest on Record,” July 13, 2023, [link].
In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrativelaw, cited by federal courts more than 18,000 times.
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot.
Texas Attorney General Ken Paxton has openly stated that the purpose of this litigation is to protect the fossil fuel industry , and the only representatives of the automotive industry in the case have entered to defend EPA’s new standards. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.
The two graphs below track the Justices word counts across all argument in the 2023/2024 Term and those already completed in this 2024/2025 Term. The remainder of this piece proceeds by breaking down and comparing their argument styles across eight oral arguments, four from the 2023/2024 Term and four from the 2024/2025 Term.
Judge Stark / Federal Circuit / April 12, 2023 Case Overview This case involves Sanderling Management Ltd. The AdministrativeLaw Judge (ALJ) concluded that she could perform medium work, despite her subjective complaints and medical evidence suggesting limitations. Biden #1 Sanderling Management Ltd. suing Snap Inc.
The graph below shows the percentages of shared votes with Justice Barrett and each other justice on the Court for the 2020 through 2023 Supreme Court terms. Barretts voting agreement patterns from 2020 to 2023 reflect her alignment with the Supreme Courts conservative wing while showing some variation in agreement with liberal justices.
by Dennis Crouch The Federal Circuit is poised to address a significant administrativelaw question in Apple v. The case comes after the Federal Circuit's 2023 decision finding the procedural challenge reviewable while affirming dismissal of substantive challenges to the framework. Apple Inc. Vidal , 63 F.4th 4th 1 (Fed.
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