Law 360

JANUARY 16, 2024

A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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JonathanTurley

FEBRUARY 7, 2025

Washington Democrats are adding a fifth stage for confessions under a new law. The bill would amend the state law that currently applies to law enforcement, teachers, medical professionals or child care providers to report cases of child abuse or neglect. The court, however, ruled that he was constitutionally exempt.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S. United States , No.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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Above The Law

DECEMBER 20, 2024

Bloomberg Law News ] * Retired judges file amicus in Judge Pauline Newman case noting that it's unconstitutional for saying that suspension violates the U.S. National Law Journal ] * Cosplaying as a judge for a TikTok parody lands lawyer in trouble. Law360 ] * Montana Supreme Court rules for the kids in climate change case. [

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HowAppealing

AUGUST 14, 2024

“Montana Supreme Court strikes down abortion law requiring parental consent; In a unanimous decision, the justices found that the 2013 law violates pregnant minors’ right to privacy and equal protection”: Mara Silvers of Montana Free Press has this report.

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JURIST

DECEMBER 27, 2023

Burke dismissed the government’s motion without prejudice, noting that a stay may be appropriate if the Eleventh Circuit or Supreme Court take up these cases. This case had already made its way up to the Eleventh Circuit when the court ruled that the ban could go into effect.

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JURIST

NOVEMBER 1, 2022

Brooke Chmura is a 3L at Vermont Law and Graduate School. On June 24, 2022, the Supreme Court ruled in Dobbs v. When the decision came down, some states already had laws that criminalized abortions, taking effect immediately upon the overruling of Roe v. emphasis added).

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SCOTUSBlog

OCTOBER 22, 2021

Struve, who was never charged with violating Iowa’s texting-while-driving law, was convicted for possessing a controlled substance. The Iowa Supreme Court ruled that the officers’ “common sense” inference that Struve was texting provided reasonable suspicion for the traffic stop. In another Fourth Amendment case, Tuggle v.

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SCOTUSBlog

AUGUST 12, 2022

The court held four years ago in Betterman v. Montana that the Constitution bars excessive sentencing delays, but under the due process clause of the 14th Amendment, not the Sixth. One month after he filed his petition, the court ruled in Ramos v. On remand, the state court ruled against Lambert under Betterman and Ramos.

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v.

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JonathanTurley

OCTOBER 3, 2021

While the media and politicians were decrying the recent Texas abortion law and misrepresenting the Court’s order in that case , the real and immediate threat to Roe v. Dobbs involves a challenge to a 2018 Mississippi law that banned most abortions after 15 weeks of pregnancy. Penal Law § 400.00(2)(f) Now, Carson v.

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SCOTUSBlog

APRIL 18, 2025

This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. Under the federal Constitution, the U.S.

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SCOTUSBlog

APRIL 28, 2025

The Oklahoma charter school board that approved the Catholic schools application tells the justices that a state supreme court ruling invalidating its contract with the school violates the Constitution and harms lower-income families. The state supreme court granted that request. It concluded that St.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court determined, moreover, that even if the plaintiffs’ claims could be construed as post-effective date claims (i.e., and non-U.S.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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JURIST

MAY 19, 2023

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

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JonathanTurley

MAY 24, 2021

In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. The government cited historical barriers for minority enterprises, but the court balked. Courts have allowed minority set-asides to remedy past inequities.

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SCOTUSBlog

JANUARY 14, 2022

In 2017, Congress passed a tax law that allowed taxpayers to deduct from federal income taxation only up to $10,000 of state and local taxes. Then-President Donald Trump described the 2017 law as an “incentive” for taxpayers “to say, hey, make sure that your politicians do a good job of running your state.” New York v. United States.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.

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SCOTUSBlog

JULY 21, 2022

The justices will hear the case in late November without waiting for a federal appeals court to weigh in. The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. Wikimedia Commons.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. applied federal common law. Third, the court said the well-pleaded complaint rule did not bar removal. and non-U.S. climate litigation charts.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court then concluded that none of the exceptions to the well-pleaded complaint rule applied. By Margaret Barry and Korey Silverman-Roati. and non-U.S.

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SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. An immigration judge ordered their deportation, and the Board of Immigration Appeals upheld that ruling.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court rejected three grounds for federal jurisdiction because the Ninth Circuit rejected them in City of Oakland v. Sunset in Hawaii. and non-U.S.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”.

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