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As is frequently the case when the court denies review in cases that have been relisted repeatedly, denial occasioned dissent, this time from Justice Clarence Thomas, joined by Justice Neil Gorsuch. The court relisted Escobar back in June 2024 and has been holding it ever since, pending the resolution of Glossip. 28 and Mar.
DECISIONS AND SETTLEMENTS. RhodeIsland Federal Court Denied Motion to Stay Remand Order in RhodeIsland’s Climate Change Case. RhodeIsland v. Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. Mayor & City Council of Baltimore v. BP p.l.c. ,
They contended that it would seem to follow from Apprendi that a jury must find any facts necessary to support a (nonzero) restitution order, and they suggested that the court should take up a lower courtruling to the contrary. Judicial factfinding for restitution Under Apprendi v. Relisted after the Jan. 10 conference.)
Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. RhodeIsland v. Northern Plains Resource Council v.
It also once again did not act on several high-profile petitions for review, including a challenge to Marylands ban on military-style assault weapons and a challenge to RhodeIslands ban on large-capacity magazines. The justices declined to decide whether to limit or overrule its 1950 decision in Feres v.
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). In a letter to the court on March 2, the parties asked the court to defer further briefing on the U.S.-based
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. RhodeIsland , No. Justice Alito did not take part in the case. 20-884 (U.S.
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district courtdecisions. RhodeIsland v.
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