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In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Courtdecisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence. 21 and Feb.
They will do so in the case of Carlos Concepcion, who was arrested in 2007 after selling crack cocaine to an undercover federal agent in New Bedford, Massachusetts. The justices will now decide which factors count. He pleaded guilty to possessing at least 5 grams of crack with intent to distribute.
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. ADDITION TO THE NON-U.S.
Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.
A Supreme Courtdecision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.
The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Northern Plains Resource Council v. Haaland , No.
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Bureau of Land Management , No. filed Dec.
Environmental Protection Agency to regulate greenhouse gases, and that this authority may prove central to addressing climate change under the statute. This language is nearly identical to that of Clean Air Act Section 202(a), which the Supreme Court held in Massachusetts v. Alternatively, the U.S. A summary is available here.)
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Massachusetts High Court Upheld Transmission Line Approval. In re Hawaiian Electric Co. ,
In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Additionally, cases that reversed lower courtdecisions or set new legal precedents were considered more significant.
The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S. Environmental Protection Agency (EPA) to issue a decision on Exxon’s application to renew the NPDES permit, which had expired in 2014.
They argue that the court nonetheless should grant review in order to clarify the law for future elections. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, has already opined that “ there is a strong likelihood that the [Pennsylvania] Supreme Courtdecision violates the Federal Constitution.”
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