JURIST

NOVEMBER 10, 2022

In the wake of the US Supreme Court decision in Dobbs v. The adoption of Article 22 means that abortion stays legal in Vermont and that patients will continue to have access to necessary reproductive care.” Montana residents also voted down a proposal to prohibit abortions. Jackson overruling Roe v.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court Upheld State Department’s Invocation of FOIA Exception for Legal Memorandum Supporting Paris Agreement Request. In a FOIA lawsuit brought by Competitive Enterprise Institute, a federal district court in the District of Columbia ruled that the U.S. MTSUN, LLC v Montana Department of Public Service Regulation , No.

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Court Government Compensatory Damages Litigating 72

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Because the balance of factors was likely to shift over time, the court said it would reevaluate the stay if the Eighth Circuit appeal was not resolved in 12 months. The court also denied Minnesota’s motion for attorney fees, concluding that “removal advanced critical legal questions that have not yet been resolved by the higher courts.”

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Litigating Litigation Court Laws 40

ClimateChange-ClimateLaw

JUNE 8, 2021

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. Justice Alito did not take part in the case. Circuit granted the motion on May 26, 2021.

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Court Statute Government Litigating 45

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). The court ordered the Board of Regents to produce all requested records within 90 days. C20134963 (Ariz.

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Court Government Laws Litigation 40

ClimateChange-ClimateLaw

JANUARY 13, 2021

Federal Court Rejected Claims that Climate Change-Related Developments Necessitated Supplemental NEPA Review for Forest Plan and Projects. The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. On December 29, 2020, the tribes filed a motion for a stay pending appeal.

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Court Government Technology Assisted Review Litigating 52

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. Supreme Court Upheld Renewable Fuel Exemptions for Small Refineries. In a 6-3 decision, the U.S. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12.

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Court Statute Litigating Litigation 49

ClimateChange-ClimateLaw

MAY 7, 2021

The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.”

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Court Government Construction Litigating 40

ClimateChange-ClimateLaw

AUGUST 4, 2021

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 court decisions.

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