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The US Supreme Court on Monday declined to hear a case brought by the state of Utah seeking to assert state control over 18.5 million acres of federally owned lands, leaving in place a lower courtruling that upheld federal authority.
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
It was in response to the Supreme Courtdecision Kelo v. In that case, the courtruled that the government could take someone’s property for private economic development under the Fifth Amendment’s Takings Claus, saying it qualified as a “public use.” New London.
Here’s the Wednesday morning read: Trump allies crush misinformation research despite Supreme Court loss (Cat Zakrzewski & Naomi Nix, The Washington Post) Bears, Fish, and Wolves’ New Predator: the Supreme Court?
6 rioters win early release, even before key Supreme Courtruling (Spencer S. Hsu, The Washington Post) Utah, trade groups ask Supreme Court to review oil rail line (Niina H. Here’s the Wednesday morning read: Some Jan.
The federal courtruled resoundingly in favor of SIFMA, finding for plaintiffs on all counts. Further, the court noted that ERISA’s savings clause, essentially an escape hatch from preemption, would not allow for the rules’ survival because the laws “pose an obstacle” to ERISA’s comprehensive scheme. The appeal of Utah v.
Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. The Minnesota Supreme Court denied petitions for further review of an appellate courtdecision finding all but one aspect of the environmental review for the Enbridge Line 3 oil pipeline project to be adequate. filed Sept.
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. The court also declined to sever and transfer the land-based portion of the lawsuit.
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.
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