The Crime Report

JUNE 16, 2022

Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. This means that the court must find beyond a reasonable doubt that the defendant meant to harm the individual before being provoked or engaging in a mutually combated altercation.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416,

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SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Norfolk Southern Railway Co. ,

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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The Crime Report

AUGUST 18, 2022

In a case involving a former inmate who accused a Virginia prison of discrimination, a federal appeals court has held that the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.”. The ruling expanded the legal consensus on the discrimination protections available to some transgender people.

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JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms. Two years after Heller, in McDonald v. Penal Law § 400.00(2)(f)

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The Crime Report

JANUARY 6, 2023

With the decriminalization of jaywalking in Nevada , Virginia and now California — the “ Freedom to Walk ” Act will take effect in Los Angeles in the new year — it appears that people understand this when it comes to jaywalking, but not when it comes to immigration. . In 1969, the Supreme Court held in Shapiro v. Thompson that U.S.

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

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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. In June, the court ruled in R.G. &

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JURIST

JUNE 30, 2022

The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ” In West Virginia v. ” The final ruling was 6-3 on ideological lines.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Ergon-West Virginia, Inc. Ninth Circuit Rejected Claim That CEQA Applied to Taxi Rules for Airport Pickups. The Ninth Circuit Court of Appeals affirmed a district court judgment rejecting challenges to San Francisco regulations that dictated which taxi medallion holders could pick up passengers at San Francisco International Airport.

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SCOTUSBlog

JULY 27, 2023

Share The Supreme Court on Thursday cleared the way for the completion of the Mountain Valley Pipeline, a controversial $6.6 billion natural-gas pipeline spanning just over 300 miles, from West Virginia’s northwestern border to southern Virginia. This article was originally published at Howe on the Court.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court dismissed the proceedings 11 days after the effective date of the U.S. Environmental Protection Agency (EPA) rule repealing the Clean Power Plan and finalizing the final Affordable Clean Energy rule in its place. West Virginia v. The case was argued before the High Court on January 22, 2019.

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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. Trimble ␣ 315 Mo.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA. West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies.

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. Nunes did not ask for such a correction under California law because he filed in Virginia. It was a cascading deconstruction of the lawsuit.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

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.

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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.

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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. corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all.

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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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SCOTUSBlog

MAY 24, 2024

Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.

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SCOTUSBlog

JULY 7, 2022

Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court granted the company leave to amend its complaint with 21 days. Both sets of intervenors also said the court should limit any abeyance period to 120 days.

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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.” Wild Virginia v. 3:20-cv-00045 (W.D.

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SCOTUSBlog

NOVEMBER 29, 2021

As a general matter, the state observes, stare decisis is “at its weakest” when courts are interpreting the Constitution, because the democratically elected branches have no recourse (short of a constitutional amendment) to correct a court’s erroneous constitutional interpretation. (By Last year, in Ramos v.

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SCOTUSBlog

FEBRUARY 27, 2022

And depending on exactly how the justices rule, their decision could limit the power of federal agencies more broadly. The dispute at the center of West Virginia v. Two coal-mining companies and 20 Republican-led states, including West Virginia and North Dakota, asked the Supreme Court to review the D.C. Circuit’s ruling.

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SCOTUSBlog

JULY 3, 2024

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. Court of Appeals for the 5th Circuit – or simultaneously did both. In Fischer v.

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