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On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals courtruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals courtruled that Fikre’s case was not moot.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Courtruled in Nieves v. City of Tigard, Oregon simply because it is authorized by legislation. A list of all petitions we’re watching is available here. In Gonzalez v.
Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Courtruling 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.
Then, in 2009 , the California Supreme Courtruled that the callousness of the original crime couldn’t be a parole board’s sole criterion for denying a person freedom. There’s no rationale between what he did then and his current dangerousness, that’s why we have the youth offender statute,” Shaddow said. “We
The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain courtrules on retirement.”. According to Law.com , attorney retirement in New York is “remarkably complex” with “variations of ‘retire’… used in different contexts.”
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. Hawaii CourtRuled that Commercial Aquarium Fishing Required Environmental Review. Environmental Groups Challenged Authorization for New Natural Gas Plant in Oregon.
This week,we highlight petitions that ask the court to consider, among other things, whether Barack Obama had the authority as president to expand a national monument in the forests of Oregon into land overseen by the Interior Department. The Oregon district court rejected the timber company’s challenge. But the D.C.
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 courtruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. Klee , Nos. June 28, 2017).
Stutzman the owner added a religious hostility claim after Masterpiece cakeshp but on June 6, 2019, the Washington Supreme Court unanimously ruled against Stutzman. Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Courtruled in Scardina v.
The majority opinion written by Judge Lawrence VanDyke noted the policy in upholding a policy that excluded trans women from the Miss United States of America pageant in Oregon. ” That issue came up in the Oregon case of Anita Green. 31, 2016, 12:30 PM), [link]. He was joined by U.S. Circuit Judge Carlos T.
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. The case was argued before the High Court on January 22, 2019. IBLA 2019 94 (IBLA Sept.
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.
A magistrate judge in the federal district court for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit. 1:20-cv-01342 (D.
An Oregon womans nude photos ended up the topic of conversation in her small town after a prosecutor looked through her sensitive cellphone data and told the county sheriff what he found despite no warrant, no consent and no suspicion that she had committed a crime. [Sad Heres more of the story, via Oregon Lives reporting.
In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. City of Oakland v.
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.” Allco Renewable Energy Ltd. Haaland , No. 1:21-cv-11171 (D.
The court’s opinion in a third case could further complicate Jack Smith’s prosecution of Trump in Washington, D.C. United States , the justices narrowed the scope of a federal criminal statute under which hundreds of Jan. And the court’sruling, she suggested, told legislators who wanted to rely on race to “go right ahead.”
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