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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. Kobe Steel Ltd.,
The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Civil law cases. Administrative complaints.
Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. A challenger wouldn’t necessarily have to hurry to the courthouse.
See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. Read the auction procedures and see the list of available construction permits, here.
If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages. Some Constructive Criticism on the Consumer ADR/ODR Package ; in Italian).
States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) has authority to regulate “ the transmission of electric energy in interstate commerce.” FERC Order No.
In April 2023, the Council of State, the highest court on administrativelaw matters, affirmed the decision. Despite a strong climate change legal framework, the lack of implementation of statutes and case law is a prevalent and persistent issue in Colombia. In February 2023, the Tribunal of Cundinamarca decided the case.
Five amicus briefs were recently filed in support of the petitioner, arguing that Supreme Court review is warranted to correct the Federal Circuit’s erroneous decision, arguing that the Federal Circuit’s interpretation of Section 2(b)(2) is flawed and undermines important principles of administrativelaw.
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. The philosophical divide between textual fidelity and policy concerns is a recurring tension in administrativelaw.
The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrativelaw judges violate the Constitution’s appointments clause.
It argued, among other things, that the administrative proceedings violated its right to due process because the agency plays multiple roles in the proceedings, serving as the prosecutor, the judge, and the jury. The couple returned to the court last fall, asking the justices to revisit their 2006 decision in Rapanos v.
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).
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrativelaw is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. An analysis of the case by Sabin Center Senior Fellow Jennifer Danis is available on the Climate Law Blog. and non-U.S.
Jackson then snagged a highly sought-after spot as an associate at Miller Cassidy Larroca & Lewin, a Washington litigation boutique that later merged with Baker Botts, a Texas-based firm. Jackson ruled for the Trump administration in Center for Biological Diversity v. After Biden nominated Merrick Garland, then a judge on the D.C.
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