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The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” ” The Colorado General Assembly passed the CSAAA in 2021. ” Justice Monica M.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. The case is Board of County Commissioners of Weld County, Colorado v. Board of County Commissioners of Weld County, Colorado v.
Gregory Tucker was a science teacher at Faith Christian Academy, a religious school operated by the nondenominational Faith Bible Chapel in Arvada, Colorado. This week, we highlight cert petitions that ask the court to consider, among other things, at what stage of litigation the ministerial exception should come into play.
Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.
There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
Eagle County, Colorado , the coalition, supported by seven “friend of the court” briefs filed by Indian tribes, the state of Utah, and various interest groups, argues that NEPA does not require an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.
When the cause of action arises under state law, courts must determine whether the defendant has sufficient contacts within the the courts geographic area of authority that it is fair for the court to exercise its power over them. Relisted after the Nov. 15 and Nov. 22 conferences.) Coalition Life v. Relisted after the Nov. 15 and Nov.
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. Tenth Circuit Ordered Coal Company to Stop Preparation for Mining in Colorado Roadless Area.
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. Chevron Corp. County of San Mateo , No.
The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Living Rivers v. Hoffman , No. 4:19-cv-00057 (D. Utah June 21, 2021). In re Enbridge Energy, LP , Nos.
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