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The court determined that S á mi reindeer herders on the Fosen peninsula have a right to enjoy their own culture under Article 27 of the United Nations’ International Covenant on Civil and Political Rights (ICCPR) and that construction of the Storheia and Roan’s plant would violate that right.
The municipality approved a decontamination strategy on Sunday that centres on constructing three new large wastewater treatment plants. The municipality has filed an appeal with the Provincial Court. While the appeal is being decided, the municipality must comply with the existing ruling.
The US Court of Appeals for the Eleventh Circuit on Friday vacated a previous ruling that dismissed a lawsuit brought by the Oklahoma-based Muscogee (Creek) Nation, who challenged the construction of a casino in Alabama on land they claim is sacred.
Norway announced Wednesday that it reached an agreement with the indigenous Sámi people after a three-year dispute over the construction of Europe’s largest onshore wind farm. In October 2021, the Supreme Court of Norway unanimously ruled that the wind farm’s construction violated indigenous rights.
The prohibition was also observed to be a violation of Article 9 of the European Convention of Human Rights of 1948, which requires a restriction on the freedom of religion to be proportionate and objectively constructed.
The US Court of Appeals of the Third Circuit Tuesday ruled against Adelphia Gateway, LLC (Adelphia) in a challenge to the Pennsylvania Department of Environmental Protection (DEP) Hearing Board’s jurisdiction to hear challenges to Adelphia’s planned natural gas compressor project. Later, Adelphia got approval from DEP.
On Thursday, the European Court of Human Rights declared an application concerning the planning decision to construct Berlin Brandenburg Airport inadmissible. Therefore, the court unanimously declared the application inadmissible. According to the judgment of John Buttner and Jutta Krebs v.
This incident prompted Shah to petition the Calcutta High Court. The courtruled in favour of the petitioner, instructing the corporation to investigate the encroachments and prohibiting any further construction on the property.
Supreme Court justices on Friday acted on two requests to block courtrulings on immigration and construction of a presidential center that is opposed by…
Concurring fully in the majority opinion, Thomas suggested that the court revisit its cases recognizing the canons of construction of Indian treaties, reasoning that if there is no enforceable federal trust duty to tribal interests, then there is no basis for the canons.
The US Supreme Courtruled Wednesday that an Army reservist can sue Texas for improper treatment under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). The court held that Congress may exercise its power under Article I of the US Constitution to authorize private damages suits against non-consenting states.
The Court of Justice of the European Union (CJEU) upheld Thursday a lower courtruling that restricted the increased flow of gas through Germany’s OPAL pipeline. CJEU’s decision upholding the lower courtruling restricts the OPAL pipeline from carrying additional capacity, citing the concept of energy solidarity.
The Mito District Courtruled Thursday that Japan Atomic Power Company (JAPC) cannot reactivate its idled Tokai No. 2 nuclear power plant in Ibaraki Prefecture. 2 unit has been idled since the 2011 Tohoku earthquake, which also heavily damaged the Fukushima Daiichi Nuclear Power Plant Complex.
by Pillsbury's Construction & Real Estate Law Team. The new infrastructure bill proposes regulations for the cryptocurrency industry, the demand for logistics rental space increases, the Supreme Court ends the eviction moratorium, and more. The Supreme Courtruled the U.S. government. ( government. (
The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. ” The denial from the Supreme Court offered no explanation or reasoning. .”
It required congressional legislation to allow the dam to be finished after years in the courts where judges maintained that the species had to be protected under the Endangered Species Act. Zygmunt Plater, an environmental law professor at Boston College, represented the snail darter before the Supreme Court. That was then.
The report alleges that from 2019 to 2023, the RCMP arbitrarily arrested and detained 75 Wet’suwet’en protestors and their supporters on four separate occasions in an attempt to enforce a December 2019 BC Supreme Courtruling preventing protestors from blocking the road that pipeline construction materials were supposed to travel along.
The US Court of Appeals for the Ninth Circuit Monday struck down a Berkeley, California law that prohibited the installation of natural gas piping in newly constructed buildings. ” The post Federal appeals court strikes down California law regulating natural gas appeared first on JURIST - News.
Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. This will be the first climate change case heard before the Supreme Court. Eight additional power plants are currently planned or under construction. Civil law cases.
The High Court has ruled in Kevin O'Donovan and Cork GAA v Dr. Bunni, James Bridgeman, and OCS One Complete Solution Ltd, which concerned the question of whether an adjudicator had jurisdiction to hear a dispute referred under the Construction Contracts Act 2013.
What is particularly galling about the decision of the majority is that they avoid the required strict construction of the law against the government as inapplicable by simply declaring that there is no ambiguity in the language of the statutes, a preposterous claim that requires a level of willful judicial blindness.
Share A pipeline developer may use the federal government’s power of eminent domain to seize property controlled by New Jersey so that it can build a natural-gas pipeline through the state, the Supreme Courtruled Tuesday in a 5-4 vote. The case, PennEast Pipeline Co.
The court overturned a District Courtruling 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.
Last Friday, 4 August 2023 , the Supreme Court of India (SCI) refused to stay a “scientific survey” by the Archeological Survey of India (ASI) to determine whether a 17th-century mosque was constructed over a pre-existing Hindu temple. The mosque in question is the Gyanvapi Mosque in the holy city of Varanasi, Uttar Pradesh.
It cautioned against this use since, “[i]n the heat of making important academic decisions regarding hiring, promotion, and tenure, it would be easy to confuse collegiality with the expectation that a faculty member display ‘enthusiasm,’ or evince ‘a constructive attitude’ that ‘will foster harmony.’”
Two recent rulings by the California Supreme Court in Mendoza v. Wabtec should come as good news to public works construction contractors, subcontractors and suppliers, as they clarify and limit the scope of the state’s prevailing wage law in several important ways, say Laurence Phillips and Tyler Paetkau at Procopio Cory.
based company Eisenmann was selected to act as a general contractor for a large-scale construction project at a Tesla facility in Fremont, California. In 2014, U.S.-based
By Pillsbury's Construction & Real Estate Law Team. The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent holiday cannot be extended. In “ Bankruptcy CourtRules Bankruptcy Code Does Not Permit Extended Rent Holiday for Retail Debtors ” colleagues, Patrick J.
The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute.
A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals courtruled Tuesday.
The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. internal citation omitted). Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.
A split New Jersey Supreme Courtruled Thursday that a construction company executive was permitted to pursue his individual claims as a taxpayer over the lack of public bidding to hire a redeveloper for a courthouse project even as they ruled his business could not challenge the selection process since it had been a participant.
” Overall, the courtruling places a hard stop against a potential form of evergreening that brand drug companies could have used to prevent generic entry through method-of-use patents obtained later in a drug’s lifecycle. The statute’s patent specific.”
Tokyo High Court On February 22, 2024, the Tokyo High Courtruled against an appeal in the Yokosuka climate case. The site where the CFPPs were to be constructed housed as many as eight coal plants in the late 20th century when Japan was enjoying a period of high economic growth following the postwar reconstruction process.
” In its decision, the Federal Circuit affirmed a lower-courtruling that the claims were indefinite. ” In its claim construction, the district court gave no weight to the italian priority filing or its certified translation — concluding instead that the change in terminology was intentional.
Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. Based on this language, the trial courtruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. At issue here was Tenn. Code Ann. § Continue reading
In the first Jam case, the Supreme Courtruled that the IFC did not have absolute immunity as an international organization, but only “restrictive immunity,” meaning that plaintiffs could sue the IFC for claims involving its commercial activity carried on in the United States, or they could sue if the IFC had waived its immunity.
In its analysis, the Court of Appeals first looked at whether plaintiff had shown that defendant had actual or constructive notice of the trough at issue in this case. The Courtruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03
The judge cited various authorities; specifically Surrey County Council v Suez Recycling and Recovery Surrey Limited [3] , to discuss principles of contractual construction and summarised the position in that the role of the court is to ascertain the objective meaning of the language which the parties have chosen to express their agreement.
Moreover, the Court pointed out that the evidence supported a finding that the sinkhole in question “existed years before [defendant] constructed its new building” on the higher property. internal citation and quotation omitted). internal citations omitted).
Noting that it must “construe the verdict in a manner that upholds the jury’s findings if at all possible,” the Courtruled that the verdict was not irreconcilable, explaining: The jury’s conflicting findings on fault may be reconciled using ordinary principles of comparative fault.
Plaintiff filed this negligence suit against defendant, alleging in the complaint that defendant was “negligent in the construction, placement, and maintenance of the gravestone.”. Defendant moved for summary judgment, and the trial court granted the motion.
After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial courtruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.
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