SCOTUSBlog

JANUARY 18, 2021

Under federal law, cases filed in state court can be transferred – the technical term is “removed” – to federal court if they meet one of several criteria. In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. Arguments of the oil companies.

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. That principle may ultimately prove dispositive in BP v. Justice Stephen Breyer appeared unconvinced.

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SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. He argues that the “safety valve” therefore applies because he has two of the “indicators” that can disqualify someone from relief, but not all three.

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The Volokh Conspiracy

JUNE 9, 2025

On June 5, in an unanimous decision by Justice Elena Kagan, the Supreme Court ruled in Smith & Wesson Brands, Inc. Estados Unidos Mexicanos that Mexico failed plausibly to plead that the American firearm industry aided and abetted unlawful sales routing guns to Mexican drug cartels.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Zepeda , No.

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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. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

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SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Maryland must establish that they were more likely than not prejudiced by the government’s suppression of favorable evidence; and (2) whether the judgment of the U.S. United States. Think McDonnell v.

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc. 28 and Oct.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Circuit Court of Appeals upheld the U.S. Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court granted the company leave to amend its complaint with 21 days. In an unpublished decision, the D.C. Resolute Forest Products, Inc.

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SCOTUSBlog

JANUARY 11, 2023

Groff sued USPS in federal court under Title VII for refusing to accommodate his religious beliefs and practices. The trial court ruled for the Postal Service under Hardison , and the U.S. Kevin Younger, who was detained awaiting trial at a Maryland state facility, claimed that guards entered his cell and beat him.

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SCOTUSBlog

JANUARY 14, 2022

New York, Connecticut, Maryland, and New Jersey filed suit, arguing that the new law violated the Constitution — specifically, Article I, Section 8 , and the 10th and 16th Amendments — because it interfered with states’ sovereign taxing authority by unduly coercing them to change their sovereign tax policies and by denying them equal sovereignty.

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SCOTUSBlog

JANUARY 26, 2022

That interpretation, Kruger reasoned, is more consistent with both the text of the statute and the California legislature’s intent in enacting the law. The decision by Justice Goodwin Liu emphasized that the ruling did not involve the constitutionality of the requirement, but instead was simply a question of statutory interpretation.

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SCOTUSBlog

JULY 7, 2022

And when the Supreme Court issued its ruling in the case on June 23, Roberts was on board. The decision was noteworthy not only because it struck down the New York law, which mirrored similar restrictions in California, Hawaii, Maryland, Massachusetts, and New Jersey, but for its methodology. And in West Virginia v.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan.

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JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Maryland v.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

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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. 19-1189 (U.S.

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