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Court holds disparate fees in business bankruptcy cases unconstitutional

SCOTUSBlog

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

Supreme Court weakened this kind of argument considerably on May 11, 2023, in its decision in National Pork Producers Council v. Ross, which upheld a California law that banned the in-state sale of pork from pigs that are “confined in a cruel manner.” [47] 46] The U.S.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

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Supreme Court rules proposed EPA regulations unconstitutional

JURIST

The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ” In West Virginia v.