SCOTUSBlog

APRIL 26, 2024

Court of Appeals for Veterans Claims (the “Veterans Court”) to “take due account of the Secretary’s application of section 5107(b)” as part of its review of benefits appeals. In reviewing the Veterans Court decision, the U.S. We’ll know more soon. Until next time! New Relists Medical Marijuana, Inc. Florida and Moore v.

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ClimateChange-ClimateLaw

JULY 6, 2017

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. DECISIONS AND SETTLEMENTS. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit.

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Constitutional Law Reporter

JULY 25, 2023

According to the Court’s conservative majority, the First Amendment prohibits the state of Colorado from forcing Smith to create expressive designs speaking messages with which she disagrees. In reaching its decision, the Court relied heavily on First Amendment precedent established in Boy Scouts of America v. Dale , 530 U.S.

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. There are six newly relisted cases this week, so I’m going to be more summary than usual in describing them. United States and Kousisis v.

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SCOTUSBlog

MAY 31, 2024

Louisiana did not initially file a response to Granier’s petition, but – when instructed to do so by the Supreme Court – it countered that Granier was not entitled to relief because no Supreme Court decision had clearly accepted claims of implied bias. Florida and Moore v. rescheduled before the Mar. Kentucky ex rel.

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SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. They invoke Rapanos v.

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SCOTUSBlog

DECEMBER 31, 2020

In December 1958, a Black law student attending Howard University tried to order a cheeseburger at a restaurant in a Virginia bus terminal. The man, Bruce Boynton, appealed his conviction all the way to the Supreme Court. In 1960, the court issued its landmark decision in Boynton v. Bruce Carver Boynton.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court dismissed the proceedings 11 days after the effective date of the U.S. West Virginia v. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act. 15-1363 et al. 97182-0 (Wash.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

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. Wild Virginia v. 19-1189 (U.S.

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ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

Federal Court Ordered FOIA Production of CEQ Records Related to NEPA Rulemaking. 1442, or the civil-rights removal statute, 28 U.S.C. UK Supreme Court Overturned an Appellate Court Decision, Allowing the Approval Process for a Third Runway at Heathrow International Airport to Move Forward. 4:20-cv-00115 (D.

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ClimateChange-ClimateLaw

JULY 2, 2021

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.” Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Wild Virginia v.

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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. West Virginia v. 20-35412 (9th Cir.

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ClimateChange-ClimateLaw

MAY 7, 2021

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. West Virginia v. DECISIONS AND SETTLEMENTS.

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SCOTUSBlog

FEBRUARY 16, 2024

Both cases are now before the Supreme Court. Because of the wrinkles of the court’s jurisdictional statutes, Garcia comes from the three-judge district court directly to the Supreme Court as an appeal over which the court has mandatory jurisdiction. Palmer would ordinarily go through the U.S. .

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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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ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. Wild Virginia v. Council on Environmental Quality , No.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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