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Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. First, under step one, if the court determines Congress’ intent is clear and unambiguous in the statute, the court will interpret the statute according to its terms, without deferring to the agency.
The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas ban” was the first local ordinance in the country to effectively require all-electric construction of new buildings.
By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.
Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.
The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. . 5321(a)(5)(B)(ii)], it knew exactly how to do so.
Supreme Court’sDecision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.
. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. But, lets look at the statute. But, lets look at the statute. Iancu , 138 S. 1348 (2018).
Hernandez , which concerns the circumstances under which the prosecution may withdraw from — or a superior court may withdraw its approval of — a plea agreement when new legislation leads to the striking of a sentence enhancement. Last year’s Supreme Courtdecision in People v. In People v.
All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement. goods across borders via the channels of foreign or interstate commerce.”
Judge Markey also wrote a dissent that foreshadowed the eventual Supreme Courtdecision. After losing before the CCPA, the government then petitioned for Supreme Court review in the name of Marshall Dann, who was President Nixon’s Commissioner of Patents. Rather, the court found the claims obvious.
FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 courtdecision and related Citizen Petition.
Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”
50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district courtdecision.
This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. This issue arose in the context of calculating lost profit damages in a 1995 decision of the en banc Federal Circuit, Rite-Hite Corp. Kelley Co. , 3d 1538 (Fed.
In its decision of 11 March 2021, the Cologne Higher Regional Court denied the international jurisdiction of the Cologne courts for permission proceedings under the German Telemedia Act (TMG) in cases of suspected abusive customer complaints in online marketplaces. The higher regional Court (Oberlandesgericht) of Frankfurt a.M.
Federal Court Vacated Permits for Methanol Refinery and Export Terminal, Citing Failure to Consider Indirect Cumulative Greenhouse Gas Impacts. The federal district court for the Western District of Washington vacated U.S. Environmental Groups Challenged Authorization for New Natural Gas Plant in Oregon.
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. CLIMATE LITIGATION CHART.
Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.
They further claim that subsequent statutes, federal agencies and appeals courtdecisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA. They further argue that Alaskan Natives’ health care needs have been, and will continue to be, met by regional tribal nonprofits.
The court will hold the other case raising that question, Ham v. Breckon , pending the outcome in Jones. This week we have only one new relist: Thomas v.
Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.
Coverage of federal fraud statutes Porat v. Court of Appeals for the 3rd Circuit affirmed his conviction. Similarly, to permit them to do public works projects in the Philadelphia area, Stamatios Kousisis and his company, Alpha Painting & Construction Co., This week’s relists are a real grab bag of issues. Kentucky ex rel.
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. Mayor & City Council of Baltimore , No.
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. Northern Plains Resource Council v.
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.
There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Courtdecision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. for the Court). United States v. 1, 16 (1932).
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.
Maine Federal Court Declined to Enjoin Work on Electric Transmission Project. 1442, or the civil-rights removal statute, 28 U.S.C. A nonprofit organization challenged the environmental review for construction and demolition projects at the Wisconsin Air National Guard’s 115th Fighter Wing Installation at a regional airport in Madison.
DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). order setting schedule Mar. 1, 2018; order denying remand and notice re tutorial Feb.
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.” California Appellate Court Said Substantial Evidence Supported Setback Requirement for Coastal Residence.
Whether the Supreme Courts Loper Bright decision, which vests authority to interpret statutes more squarely in the courts and gives agencies less wiggle room to change interpretations over time, could perhaps result in this period of purgatory being less lengthy remains to be seen.
For example, the Court of Appeals for the Fifth Circuit recently issued an opinion reversing a District Courtdecision that would have prevented an environmental justice lawsuit from moving forward. Such actions have been, and more likely will be, challenged in court.
Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. DECISIONS AND SETTLEMENTS. The Minnesota Supreme Court adopted the U.S. 20-1530 (U.S. 20-1531 (U.S.
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. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.
After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline.
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