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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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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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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Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

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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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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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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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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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JURIST

DECEMBER 28, 2023

The Colorado Republican State Central Committee (CRSCC) filed a petition for a writ of certiorari Wednesday to overturn the Colorado Supreme Court’s decision which removed former president Donald Trump from the 2024 Republican primary ballot. The Colorado Supreme Court found Trump engaged in an insurrection on January 6, 2021.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

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ClimateChange-ClimateLaw

MAY 7, 2021

Supreme Court seeking review of the D.C. The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C.

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