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SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

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.

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

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.

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Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. Supreme Court’s Decision The Supreme Court reversed. According to the Court, those decisions did not overrule the precedent established in Pennsylvania Fire Ins. of Philadelphia v.

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.