At the Lectern

JULY 12, 2021

First, the court resolves a statute of limitations issue. ” Thus, the plaintiff’s lawsuit was brought within the applicable two-year statute of limitations when he filed suit on his 20th birthday. City of Fontana , that is.

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The Crime Report

MARCH 1, 2023

New York is one of only four states — along with Alaska, Minnesota and Mississippi — with statutes explicitly providing that an individual’s inability to pay does not exempt them from owing these fees,” wrote Katie Shaffer from the Center for Community Alternatives in a recent press release.

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SCOTUSBlog

NOVEMBER 18, 2022

The court, however, declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. A list of this week’s featured petitions is below: Alaska v. Issues : (1) Whether a “scheme or artifice to defraud” under the wire fraud statute, 18 U.S.C.

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LawSites

FEBRUARY 26, 2024

Stanford Law School’s Filing Fairness Project which has partnered with state and local court systems and officials in Alaska, California, Colorado, Kansas, Michigan, Texas and Virginia, has helped establish the conditions necessary for the development of sustainable, multistate solutions to filing problems.

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Attorney at Work

JULY 22, 2021

Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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FDA Law Blog

AUGUST 8, 2024

Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. Other states variously control marijuana as a schedule III (Minnesota), schedule VI (Arkansas, Massachusetts, North Carolina and Tennessee), schedule VIA (Alaska), or schedule Z (Maine).

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JURIST

APRIL 21, 2021

Confederated Tribes of the Chehalis Reservation involves the distribution of CARES funding to Alaska Native Corporations (ANCs). There are now three types of Alaskan native organizations—regional corporations, village corporations, and federally recognized tribes, also called Alaska native villages. ” Sanchez v.

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JURIST

OCTOBER 12, 2021

A federal judge in the US District Court for the District of Alaska on Sunday ruled that two companies, Kloosterboer International Forwarding and Alaska Reefer Management, can continue shipping frozen fish from Canada to the eastern US. Following the decision on Sunday, shipping can resume.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. Lawsuit Challenged Development Plan for Portion of National Petroleum Reserve-Alaska. Alaska, filed Nov. Bureau of Land Management , No.

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The Crime Report

APRIL 8, 2022

In Alaska, after the prosecutor’s office instituted the plea bargaining ban in 1975, they went from roughly 4 percent of all the cases being screened out by that office to 44 percent basically overnight. And that wedge is getting smaller and smaller as the wealth gap continues to increase.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Alaska Oil & Gas Association v. Environmental Groups Launched NEPA Challenges to Oil and Gas Leasing in National Petroleum Reserve–Alaska. Five environmental groups filed a lawsuit in federal court in Alaska challenging the federal decision to lease lands in the National Petroleum Reserve–Alaska. Alaska, filed Feb.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Alaska, filed Sept. Alaska, filed Sept.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Alaska, filed Dec.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Second Lawsuit Filed to Challenge 211-Mile Mining Access Road in Alaska. Padgett , No.

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SCOTUSBlog

APRIL 21, 2021

United States , 12-862 , giving Justice Clarence Thomas time to prepare a dissent from the denial of cert, in which he argued that Feres conflicted “with the plain meaning of the statute,” which is “a sweeping waiver of sovereign immunity.” The last case is Alaska v. Fast forward to 2019, when the court relisted Daniel v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Alaska Aug. American Petroleum Institute , No.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

After Denying Motions to Stop Construction Activities in National Petroleum Reserve, Alaska Federal Court Enjoined Certain Work for Two Weeks. Alaska Feb. The magistrate judge concluded that the suit was barred by the statute of limitations. Alaska Jan. Sovereign Iñupiat for a Living Arctic v. WildEarth Guardians v.

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. Maui and Honolulu oppose the extension request. County of Maui v.

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ClimateChange-ClimateLaw

DECEMBER 7, 2020

In 1980, Congress enacted the Alaska National Interest Lands Conservation Act , which prohibited any “[p]roduction of oil and gas from” ANRW. Thus, for example, the Secretary of the Interior has previously cancelled leases that were issued before the requirements of NEPA and other statutes were met. There is a catch, however.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

The defendants filed their reply brief on January 22, 2020, reiterating their arguments that the Tenth Circuit should review the entire remand order, not just the district court’s determination that removal was not proper under the federal-officer removal statute, and that there were multiple valid grounds for removal. City of Oakland v.

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SCOTUSBlog

DECEMBER 31, 2022

In 1988, Silberman held that an independent-counsel statute was unconstitutional — and though the Supreme Court did not agree with him in Morrison v. Federal Election Commission , and he represented an Alaska school board in Morse v. Heller , in which Justice Antonin Scalia agreed with Silberman in his majority opinion.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Youth Plaintiffs Commenced Lawsuit Alleging That Alaska’s Climate and Energy Policy Violated Constitutional Rights. Alaska , No. 3AN-17-__ (Alaska Super.

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ClimateChange-ClimateLaw

MARCH 9, 2021

in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. Chevron Corp.

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JonathanTurley

AUGUST 29, 2024

Over the years, I have written repeatedly ( here , here , here , here , and here ) about the interesting defamation case brought by Sarah Palin, the former Alaska governor and 2008 Republican vice presidential nominee, agains the New York Times. The judge in the case U.S. Finally, opinion is already protected from defamation actions.

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JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Alaska Mar. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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The Crime Report

DECEMBER 15, 2022

Other city and county officials, however, have raised concerns about a statute from the Texas Local Government Code that says municipal bodies like city councils and police departments “may not adopt a policy under which the entity will not fully enforce laws relating to drugs.”.

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JonathanTurley

FEBRUARY 18, 2022

Most recently, after numerous efforts to dismiss the case, The New York Times found itself in court defending an editorial that bizarrely appeared to blame former Alaska Gov. Moreover, publications are protected in most states by retraction statutes limiting or blocking damages for corrected stories. Devin Nunes, R-Calif.

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