Constitutional Law Reporter
MAY 1, 2023
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.
ClimateChange-ClimateLaw
AUGUST 28, 2024
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”.
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ClimateChange-ClimateLaw
APRIL 18, 2023
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.
SCOTUSBlog
APRIL 26, 2022
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 Court decisions on the power of states to prosecute non-Indians for crimes against other non-Indians in Indian country.
Constitutional Law Reporter
AUGUST 28, 2023
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. ,
Conflict of Laws
JULY 5, 2021
Supreme Court decision 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.
ClimateChange-ClimateLaw
JULY 6, 2017
Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion. Austria’s Constitutional Court Reversed Lower Court Decision That Held Up Airport Expansion Based on Climate Change Concerns. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.
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