Constitutional Law Reporter

MAY 10, 2023

While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). The County sold the home for $40,000, and, consistent with a Minnesota forfeiture statute, kept all proceeds.

Government 59

Government Statute Court Legal 59

ClimateChange-ClimateLaw

DECEMBER 11, 2020

A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal. In Minnesota v. Chevron Corp.

Court 59

Court Government Litigation Litigating 59

SCOTUSBlog

MAY 19, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, what level of First Amendment scrutiny applies to a state law governing slogans that appear alongside candidates’ names on the ballot. A federal district court dismissed their lawsuit. Court of Appeals for the 3rd Circuit upheld that dismissal.

Statute 77

Statute Court Government Laws 77

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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.

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Court Statute Government Tort 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. Minnesota v. 0:20-cv-01636 (D. Louis area.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

JANUARY 13, 2021

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. Minnesota v. Delaware v.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JUNE 8, 2021

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.

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Court Statute Government Litigation 45