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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

The district court dismissed Konans claims, finding them barred by the postal exception. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. Court of Appeals for the 5th Circuit reversed , holding that the exception doesnt apply to intentional nondelivery.

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Court asks for government’s views in decades-old Exxon dispute with Cuba

SCOTUSBlog

Court of Appeals for the District of Columbia Circuit, which by a vote of 2-1 upheld the district courts decision. The enactment of Title III, he contended established a specific, independent, and exclusive cause of action for American nations whose property the Cuban government had confiscated decades earlier.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.” Hawai‘i Supreme Court Upheld Denial of Request to Re-Open Order Approving Wind Power Purchase Agreement.

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