Mondaq

JULY 19, 2022

The CPP was an initiative proposed by the EPA during the Obama presidency in 2015.

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Mondaq

JULY 13, 2022

Supreme Court decided West Virginia et al. On June 30, 2022, the U.S. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the.

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Court Decisions Court 40

Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Supreme Court’s Decision The Supreme Court reversed.

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Court Laws Cause of Action Constitutional Law 52

Mondaq

JULY 18, 2022

Supreme Court's decision in Chevron v. NRDC (1984) is a longstanding source of controversy. Some proponents of the doctrine argue that it facilitates our Constitution's separation of powers.

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Court Decisions Court 40

Law 360

MARCH 4, 2022

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

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Law 360

JULY 14, 2022

Supreme Court's decision in West Virginia v. While the specific subject of the U.S.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. This argument was quickly rejected by the court. (2) Celgene Corp. Mylan Pharma ( Fed.

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SCOTUSBlog

FEBRUARY 16, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. Palmer would ordinarily go through the U.S.

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Court Laws Statute Court Decisions 113

FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. At the time we posted about the Jarkesy decision, we predicted that it would impact FDA-regulated industry: The impact on FDA matters could be significant.

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FDA Law Blog

MAY 30, 2024

Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.

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Manufacturing Contract Statute Court 59

FDA Law Blog

SEPTEMBER 24, 2023

Circuit Court of Appeals described in a recent opinion as an “aggressive timeline for industry compliance.” The court heard the case on an expedited basis and, last week, vacated the final rule. But there may be more for us to learn from this decision. So, this is not a decision that strips CPSC of the power to enact new rules.

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Manufacturing Court Court Decisions 59

Broadcast Law Blog

SEPTEMBER 29, 2009

First, there was the story about Bob McDonnell, the Republican candidate for Virginia governor who, seemingly inadvertently, dropped the f-bomb, perhaps as a result of tripping over his tongue during a news interview on a news radio station in Washington. " What does all of this activity mean? " What does all of this activity mean?

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Court Decisions Court 56

JURIST

APRIL 5, 2021

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. Among the plaintiffs in the lawsuit filed against the city were the Virginia Division of the Sons of Confederate Veterans, Inc., and The Monument Fund, Inc.

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Court Rules Court Statute Court Decisions 212

Broadcast Law Blog

SEPTEMBER 28, 2009

First, there was the story about Bob McDonnell, the Republican candidate for Virginia governor who, seemingly inadvertently, dropped the f-bomb, perhaps as a result of tripping over his tongue during a news interview on a news radio station in Washington. " What does all of this activity mean? " What does all of this activity mean?

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Court Decisions Court 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Court Government Litigation Litigating 59

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. 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 court therefore found that the stay was unauthorized and vacated it. DECISIONS AND SETTLEMENTS. FEATURED CASE. A divided D.C.

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SCOTUSBlog

NOVEMBER 4, 2024

Share The Supreme Court will hear arguments early next year in the latest chapter in a protracted dispute over race and redistricting in Louisiana. The court also sent Joseph Smith’s case from Alabama’s death row back to the court of appeals for more clarification of the basis for the lower court’s decision.

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Above The Law

APRIL 10, 2025

(Photo by MANDEL NGAN/AFP/Getty Images) In early June 2022, in the wake of the unprecedented leak of a draft of the Supreme Courts Dobbs opinion, Nicholas Roske, a California man in his mid-20s, was arrested near Justice Brett Kavanaughs Maryland home. Roske, who was reportedly angry about the Courts decision to overturn Roe v.

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Court Drafting Attorney Court Decisions 105

SCOTUSBlog

APRIL 26, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. The district court refused, but the U.S.

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Felony Personal Injury Court Cause of Action 116

The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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Court Felony Court Decisions Laws 135

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.”. Ultimately, the 4th Circuit grounded its decision on the “basic promise of equality. that animates the ADA.”. “We

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Court Rules Court Statute Legal 105

SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. That may be the most important sentence the court has ever published. Board of Education.

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Court Education Constitutional Law Court Decisions 103

Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

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Administrative Law Court Court Decisions Litigation 75

JURIST

MAY 27, 2024

He said the amendment was important to protect tribal sovereignty from Supreme Courts that often don’t understand the rights tribal nations have. It was in response to the Supreme Court decision Kelo v. Although not as emphatic as the first two, it is still a clear call from this generation for a truly democratic system.

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Government Laws Court Construction 197

SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. The Supreme Court ruled in 2002 in Atkins v.

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Court Rules Government Court Court Decisions 143

SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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Statute Stare Decisis Court Manufacturing 103

The Crime Report

JANUARY 4, 2022

Supreme Court will soon decide whether to hear a case challenging a Georgia law requiring capital defendants seeking to be spared execution to prove they are intellectually disabled beyond a reasonable doubt, a standard that the law’s initial drafters say was written in error, reports the New York Times.

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Laws Court Decisions Court 105

JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. I have written about D.C. residents a vote.

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Court Court Reporting Education Court Reporter 40

At the Lectern

JULY 8, 2024

Twenty-one years ago, the Supreme Court affirmed the death sentence in People v. It later summarily denied a habeas corpus petition after a superior court rejected a claim under Atkins v. Virginia (2002) 536 U.S. The Supreme Court had ordered the superior court evidentiary proceeding. Marks (2003) 31 Cal.4th

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Court Decisions Court Rules Court Laws 45

FDA Law Blog

JUNE 19, 2023

Opponents of LDT regulation received a boost with last year’s Supreme Court decision overturning an agency action based on the “major questions” doctrine, West Virginia v. Depending on what happens in the next few weeks in Loper Bright Enterprises v.

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Calendaring Legal Legal Court Decisions 56

Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Ultimately, the district court held that Smith was not entitled to the injunction she sought. The Tenth Circuit Court of Appeals affirmed. 557 (1995).

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Court Government Constitutional Law Statute 52

The Crime Report

JANUARY 4, 2023

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. She said she disguised 911 call analysis in court by “getting creative … without calling it ‘science.’”. “I Searches for 911 call analysis in national court dockets come up virtually empty too.

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Attorney Court Laws Education 98

SCOTUSBlog

JUNE 13, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, we’re entering the busiest phase of the year for relists. The court granted review in two cases on Monday: one-time relist Facebook v.

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Government Court Laws Litigating 119

SCOTUSBlog

MAY 31, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. A short explanation of relists is available here. The defendant’s actual conduct is irrelevant.

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Court Felony Government Laws 109

SCOTUSBlog

DECEMBER 6, 2024

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Known as the confrontation clause, this provision has been interpreted by the Supreme Court to recognize that cross-examining the prosecutions witnesses is especially essential to a fair trial in the criminal context.

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Government Statute Court Court Decisions 81

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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