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September 1, 2023: TILA Disclosures re Index Rates; California Garnishment ; Minnesota Debt Collection December 1, 2023: Bankruptcy December 31, 2023: Utah Data Privacy Musings by Diane Consumer legal protections are rare. – Diane L.
Aereo finally lost a courtdecision. See our summary of the NY decision here ). The UtahCourt issued an injunction preventing Aereo from operating in Utah until the issue is decided by the Supreme Court. . Does this Utahdecision serve as a preview of the upcoming Supreme Courtdecision?
It is a sequel of sorts to the court’s 2020 decision in McGirt v. Oklahoma , the most monumental federal Indian law decision of the new century. Those historic Indian reservations are once again considered “Indian country” (a legal term of art defined at 18 U.S.C.
The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Federal Court in Washington Upheld Forest Restoration Plan. EPA’s brief is due December 15. Williams , No.
It was in response to the Supreme Courtdecision Kelo v. In that case, the court ruled 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.
Wade, o pponents of abortion are pushing for stricter bans at state levels—even criminalizing women who travel outside their states where abortion remains legal. Utah’s 2020 trigger law is in effect , allowing more exceptions for its abortion ban than the majority of trigger law states. Law: Utah SB174 2020.
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. Within ERISA’s framework, from which state-by-state deviation is not allowed, is language at issue in an appeal in 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.
Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions.
Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.
Mike Lee, R-Utah, a member of the Judiciary Committee and someone who has endorsed Trump. That includes the role of Griffin’s Case, an 1869 decision by Chief Justice Salmon Chase, acting as a circuit judge, that it would be infeasible to decide who was covered by the disqualification clause without a legal process passed by Congress.
After Temporarily Blocking Activity on Helium Extraction Project in Southeastern Utah, Federal Court Denied Emergency Injunctive Relief. Bureau of Land Management (BLM) of a helium extraction project in an area of the San Rafael Desert in southeastern Utah covered by an oil and gas lease sold in December 2018. 20-472 (U.S.
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.
BLM Dropped Appeal of Adverse Decision on Environmental Review for Utah Coal Mine Expansion. The Tenth Circuit Court of Appeals granted the federal government’s unopposed motion for voluntary dismissal of its appeal of a March 2021 District of Utahdecision that found that the U.S. June 22, 2021). June 21, 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.”
Circuit Court of Appeals dismissed a challenge to license renewals for the Turkey Point nuclear generating station in Florida as “incurably premature.” The court concluded that it lacked jurisdiction because administrative appeals that raised the same legal issues were still pending before the Nuclear Regulatory Commission.
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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