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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.”.
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.
Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.
PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”
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. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.
The law would mesh with corporate climate disclosure regulations elsewhere, particularly in Europe, and would therefore represent a significant step toward assuring the accuracy, trustworthiness, and transparency of corporate climate performance reporting. 4] The new corporate climate disclosure bills may well continue that tradition.
The same law is at the center of Environmental Protection Agency v. The Supreme Court recently invalidated a removal restriction for an agency headed by a single official in Seila Law LLC v. The Bruen test, the state court added, was “fuzzy,” “backward-looking,” and “unravels durable law.” Calumet Shreveport Refining, L.L.C.
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. To help fulfill that duty, courts have developed certain “clear-statement” rules.
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. The West Virginia majority opinion suggests a two-prong framework for the major questions doctrine. (A Nebraska , invalidating the Biden Administration’s student loan forgiveness program. Env’t Prot.
She challenges assumptions, pressing lawyers to grapple with broader systemic consequences and the lived experiences behind the law. Their exchanges in oral arguments offer more than just legal analysisthey reveal two distinct visions for how the law should function and who it should protect.
In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”
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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.
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