ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The district court held, among other things, that elimination of the carbon adder was arbitrary and capricious and directed the PSC to assign a price for carbon. The Supreme Court said the PSC lacked authority to rewrite these terms.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

JANUARY 23, 2025

While the Supreme Court routinely throws out lower-court decisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Relisted after the Jan. 10 and Jan. 17 conferences.) Ocean State Tactical, LLC v. Oklahoma Statewide Charter School Board v.

Court 107

Court Tort Education Government 107

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The Ninth Circuit said the new issuance of NWP 12 rendered the appeals moot and ordered the district court to dismiss the underlying claim. The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district court decisions. Rhode Island v.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

JANUARY 16, 2025

Judicial factfinding for restitution Under Apprendi v. New Jersey , [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Relisted after the Jan. 10 conference.) Ocean State Tactical, LLC v.

Tort 100

Tort Statute Court Laws 100

ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims.

Court 40

Court Government Laws Litigation 40