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The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim.
The court, which did not address the plaintiffs’ arguments regarding alleged inadequacies in the climate change-related analyses, found that the plaintiffs failed to demonstrate a likelihood of success on the merits or that they would suffer irreparable harm. Ministry of Economic Affairs (Taipei Administrative Court).
The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district courtrulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.
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.
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