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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.”.

Court 104
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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

The compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor and granted it broad regulatory and law-enforcement powers over operations at the port. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. 27, 2021, it formally notified New York that it intends to withdraw.

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

SCOTUSBlog

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. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

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. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.

Court 77
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52] cit [50] See, e.g., West Virginia v.

Laws 98
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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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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.