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Federal Court in RhodeIsland Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of RhodeIsland for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.
United States , 24-25 Issue: Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. Relisted after the Jan. 10 and Jan. 17 conferences.) Ocean State Tactical, LLC v. Relisted after the Jan. 10 and Jan. 17 conferences.) Oklahoma Statewide Charter School Board v.
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. RhodeIsland v. West Virginia v.
The Executive Branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through Presidential priorities,’ RhodeIsland federal Judge John McConnell scolded in the January 31 TRO , reminding the feds that actually Congress has the power of the purse.
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. State court proceedings in RhodeIsland’s case were put on hold in August pending the U.S.
Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request. Franklin v.
Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims. Stanford Professor Mark Jacobson withdrew his lawsuit against the lead author and publisher of an article that critiqued an article by Jacobson and others on grid reliability and renewable energy.
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