JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. Among the plaintiffs in the lawsuit filed against the city were the Virginia Division of the Sons of Confederate Veterans, Inc., and The Monument Fund, Inc.

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ClimateChange-ClimateLaw

JULY 6, 2017

The majority responded to this latter point by saying that “[t]he dissent’s view is akin to saying that incurring a debt has legal consequences, but forgiving one does not. DECISIONS AND SETTLEMENTS. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Energy & Environment Legal Institute v.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc. Williams , No.

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Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

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SCOTUSBlog

DECEMBER 11, 2020

Through his counsel, Bourgeois told the justices that he met the current psychological standards for intellectual disability, which became the required legal standard after he was sentenced. He asked the justices to delay his execution so they could consider whether he was legally fit to be punishable by death.

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The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The ruling expanded the legal consensus on the discrimination protections available to some transgender people.

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Animal Legal Defense Fund. Animal Legal Defense Fund , 21-760. New Relists.

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JURIST

MAY 27, 2024

It was in response to the Supreme Court decision Kelo v. I hope our nation sees just how emboldened our generation is to create lasting legal change,” Herbert said. Although not as emphatic as the first two, it is still a clear call from this generation for a truly democratic system. New London.

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SCOTUSBlog

APRIL 14, 2021

Both are legal titans who defeated a string of worthy contenders to reach the championship. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v.

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FDA Law Blog

JUNE 19, 2023

And regulating LDTs through guidance documents is vulnerable to legal challenge on procedural grounds. Rulemaking avoids the twin problems of dependency on action by Congress and the legal weakness of imposing substantive legal requirements through guidance. See , e.g. , ACLA White Paper on LDTs here.

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JonathanTurley

OCTOBER 5, 2021

Appleseed Center for Law and Justice: “Smith was heartened, however, that the ruling the Supreme Court affirmed mentioned that Congress could legally grant voting rights to D.C., ” However, again, the Court makes repeated reference to the bar on non-state residents in voting. It is a recurring problem.

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The Crime Report

JANUARY 4, 2023

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. In 2016, Missouri prosecutor Leah Askey wrote Harpster an effusive email, bluntly detailing how she skirted legal rules to exploit his methods against unwitting defendants. “Of

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SCOTUSBlog

MAY 20, 2025

Charles Barzun is a Professor of Law at the University of Virginia, where he teaches Constitutional Law, Evidence, Jurisprudence, and Torts.He Souter recognized more openly than many judges today the way in which legal reasoning and often-changing social values are dependent on one another.

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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. Wild Virginia v. 17-cv-02032 (D.D.C. 3:20-cv-00045 (W.D.

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SCOTUSBlog

DECEMBER 9, 2024

Nor, for that matter, the court of appeals continued, do we see an indication that any of Parents Protectings members asked the School District about how it plans to implement the guidance. Justice Samuel Alito dissented from the courts decision not to hear the Virginia case, in an opinion joined by Justice Clarence Thomas.

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SCOTUSBlog

DECEMBER 31, 2020

In December 1958, a Black law student attending Howard University tried to order a cheeseburger at a restaurant in a Virginia bus terminal. The man, Bruce Boynton, appealed his conviction all the way to the Supreme Court. In 1960, the court issued its landmark decision in Boynton v. Bruce Carver Boynton.

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JonathanTurley

JANUARY 14, 2025

The Supreme Courts decision in Fischer v. United States rejecting the use of obstruction of legal proceedings against January 6th defendants will potentially impact hundreds of cases. That was the case when his conviction of former Virginia Governor Robert F.

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ClimateChange-ClimateLaw

MARCH 19, 2025

13] The European Union also appeared momentarily ready to adopt an EU-wide change in corporate fiduciary duties as part of its Green Deal legislation, which would have included legal responsibility for climate risk, but this proposal was deleted even before a more general rollback of the EU legislation was recently announced. [14]

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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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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court dismissed the proceedings 11 days after the effective date of the U.S. West Virginia v. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act. 15-1363 et al. 97182-0 (Wash.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.

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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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JonathanTurley

JUNE 27, 2022

The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. As this matter returns to the states, it is striking to consider what has changed legally and socially in the past 50 years. In Virginia, Gov. How much has changed.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

Federal Court Ordered FOIA Production of CEQ Records Related to NEPA Rulemaking. UK Supreme Court Overturned an Appellate Court Decision, Allowing the Approval Process for a Third Runway at Heathrow International Airport to Move Forward. On December 29, 2020, the tribes filed a motion for a stay pending appeal.

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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. West Virginia v. Justice Alito did not take part in the case. 21-9518 (10th Cir.

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JonathanTurley

JUNE 30, 2024

Below is my column on the Supreme Court decision on Friday in Fischer v. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. The claim is legally absurd but politically advantageous. He was unanimously overturned by the Supreme Court in his conviction of Former Virginia Gov.

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ClimateChange-ClimateLaw

JULY 2, 2021

The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12. Steele , No.

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ClimateChange-ClimateLaw

MAY 7, 2021

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. West Virginia v. DECISIONS AND SETTLEMENTS.

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ClimateChange-ClimateLaw

APRIL 9, 2021

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.

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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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