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Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. The Government claims that the easement includes public access, which petitioners dispute.
The Supreme Court first recognized the fundamental constitutional right to a clean environment in Francis Coralie Mullin (1981) , where it held that the right to life and liberty under Article 21 of the Constitution encompasses “the right to health, clean environment, and basic necessities of life”.
In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Under EPCA, the U.S. Berkeley has not yet said whether it will appeal the Ninth Circuit’s ruling.
The legal issue in Castro-Huerta revolves around an apparent conflict between the General Crimes Act (also known as the Indian Country Crimes Act) and a series of Supreme Courtdecisions on the power of states to prosecute non-Indians for crimes against other non-Indians in Indian country.
According to the Court, those decisions did not overrule the precedent established in Pennsylvania Fire Ins. 93 (1917), in which the Court held that a similar Montana law complied with the Due Process Clause. of Philadelphia v. Gold Issue Mining & Milling Co. ,
Supreme Courtdecision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. The long-awaited U.S.
Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion. Austria’s Constitutional Court Reversed Lower CourtDecision That Held Up Airport Expansion Based on Climate Change Concerns. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
Here’s the Wednesday morning read: Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press) Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9) Supreme Courtdecisions could determine future of clean air, water in East (..)
The Ninth Circuit Court of Appeals reversed a district courtdecision 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). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.
In the wake of the US Supreme Courtdecision in Dobbs v. Montana residents also voted down a proposal to prohibit abortions. Jackson overruling Roe v. Wade , residents of Vermont Tuesday voted to pass Proposal 5 amending the state constitution to formally include a right to reproductive freedom.
Garland 24-46 Issue: What standard of proof applies when a noncitizen previously admitted to the United States seeks to obtain relief from removal by having her status adjusted to that of a lawful permanent resident. Jacobsen v. Mendez v.
Montana Supreme Court Affirmed that Public Service Commission Improperly Rewrote Terms of Solar Project PPA, Including by Eliminating Carbon Adder. The district court held, among other things, that elimination of the carbon adder was arbitrary and capricious and directed the PSC to assign a price for carbon. 4:19-cv-00362 (E.D.
Supreme Court will review a Colorado Supreme Courtdecision disqualifying Donald Trump from appearing on the state’s 2024 ballot on grounds he violated section 3 of the federal Constitution’s 14th amendment by engaging in insurrection. Combined, the seven amici have almost 100 years of state supreme court experience.
The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district courtdecisions. The federal district court for the District of Montana is to consider these issues on remand. Northern Plains Resource Council v. 20-35412 (9th Cir.
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. Bureau of Land Management , No. 4:20-cv-00115 (D. filed Dec.
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. Sierra Club v. Army Corps of Engineers , No.
DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota.
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 courtdecision is still pending, with the opening brief due on July 12.
The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district courtdecisions. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.
DECISIONS AND SETTLEMENTS. Parties Voluntarily Dismissed Appeals of Federal CourtDecision Requiring More Climate Change Analysis for Wyoming Oil and Gas Leases. Montana Federal Court Vacated Approvals for Mining Project. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S. Haaland , No. filed Apr.
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