Law 360

OCTOBER 23, 2024

subsidiary that owned a Montana paper mill later identified as a Superfund site isn't entitled to additional coverage from its AIG insurer, an Illinois state appeals court ruled, saying two pollution conditions on the property were related and subject to a single $5 million limit of liability. A WestRock Co.

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Law 360

JANUARY 16, 2024

A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. Share Wednesday’s argument in Wilkins v.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling 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.

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TypeLaw Briefing Insights

JANUARY 21, 2025

As a legal professional, timing is everythingespecially when it comes to meeting critical court deadlines. Weve prepared this guide to 2025 court holidays as a go-to resource to help you proactively mark critical dates in your calendar to ensure that youre always one step ahead of the clock. So when is your brief due?

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JonathanTurley

FEBRUARY 7, 2025

.” Putting aside the obvious violation of the sanctity of the confessional, it presents a novel problem for priests if they both encourage the faithful to unburden themselves while at the same time reminding them anything that they say can and will be used against them in a court of law. The Court also later handed down Burwell v.

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JURIST

MARCH 26, 2021

Products liability suits against Ford Motors in Montana and Minnesota can go forward in their respective state courts, said the US Supreme Court on Thursday. The court rejected Ford’s argument that personal specific jurisdiction was limited to lawsuits in states where Ford manufactured or originally sold vehicles.

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JURIST

JANUARY 17, 2024

The Supreme Court of the State of Montana denied the state’s attempt to stay a landmark climate ruling in a 5-2 decision on Tuesday. The court found that the Montana First Judicial District Court did not abuse its discretion when it denied the state’s attempt to block its August decision.

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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. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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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. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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Above The Law

DECEMBER 20, 2024

Roll on Friday ] * More analysis on the recent " the REAL ethical problem is pointing out that the Supreme Court is unethical " opinion. Law360 ] * Montana Supreme Court rules for the kids in climate change case. [ National Law Journal ] * Cosplaying as a judge for a TikTok parody lands lawyer in trouble.

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HowAppealing

AUGUST 14, 2024

“Montana Supreme Court strikes down abortion law requiring parental consent; In a unanimous decision, the justices found that the 2013 law violates pregnant minors’ right to privacy and equal protection”: Mara Silvers of Montana Free Press has this report.

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SCOTUSBlog

MAY 29, 2025

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is making good progress in sorting through the current relists. The court is now holding a second relisted petition raising a similar issue, Elliott v. This week it disposed of four.

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SCOTUSBlog

AUGUST 12, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. The court held four years ago in Betterman v. Montana that the Constitution bars excessive sentencing delays, but under the due process clause of the 14th Amendment, not the Sixth. The justices agreed.

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JURIST

DECEMBER 27, 2023

US District Judge Liles Burke rejected a request from the US government to stay the case while appeals courts determine the appropriate standard of review for state bans on gender-affirming care for transgender youth, which is a central issue to the case before Burke.

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SCOTUSBlog

OCTOBER 22, 2021

Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. In another Fourth Amendment case, Tuggle v. In the decision below, the U.S. Lamoureux v.

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v.

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JURIST

NOVEMBER 1, 2022

On June 24, 2022, the Supreme Court ruled in Dobbs v. Supreme Court Justice Brandeis wrote in 1932 “[i]t is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

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JonathanTurley

OCTOBER 3, 2021

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written.

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JURIST

JULY 6, 2022

The US Court of Appeals for the Sixth Circuit Tuesday reversed a preliminary injunction against a Department of Homeland Security (DHS) memo prioritizing the deportation of dangerous immigrants. In response, Arizona, Montana, and Ohio sued in the Southern District of Ohio to stop the implementation of the memo’s guidance.

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SCOTUSBlog

MAY 22, 2025

The Supreme Court on Thursday morning left in place a ruling by the Oklahoma Supreme Court rejecting an effort by a Catholic virtual charter school to become the countrys first religious charter school. The state supreme court granted that request. The order did not indicate how any of the justices voted. Because St.

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SCOTUSBlog

APRIL 28, 2025

The Supreme Court will hear oral arguments on Wednesday in a Catholic virtual charter schools bid to become the nations first religious charter school. But the states attorney general counters that a ruling in favor of the Catholic school could upend the charter-school system nationwide. The state supreme court granted that request.

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SCOTUSBlog

APRIL 18, 2025

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Since the Supreme Court overruled a federal constitutional right to abortion in Dobbs v. Jackson Womens Health Organization , the fight over reproductive rights has shifted to state courts.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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SCOTUSBlog

APRIL 30, 2025

The Supreme Court on Wednesday was divided over a Catholic virtual charter schools bid to become the countrys first religious charter school. Gentner Drummond, the states Republican attorney general, went to the Oklahoma Supreme Court, asking it to invalidate the boards contract with St. The state supreme court agreed to do so.

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JonathanTurley

MAY 24, 2021

So a ruling by a federal district court in Texas this week was particularly jarring: Judge Reed O’Connor found that the Biden administration engaged in systemic gender and race discrimination to implement COVID-19 relief for American restaurants. The government cited historical barriers for minority enterprises, but the court balked.

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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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SCOTUSBlog

JANUARY 14, 2022

District Court for the Southern District of New York rejected the states’ claims, ruling that the negative economic effects of the $10,000 cap were not so severe as to impermissibly coerce the states into changing their policies. The district court also ruled that a flat dollar cap on the deduction was not unlawful.

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JURIST

MAY 19, 2023

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

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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SCOTUSBlog

JULY 21, 2022

Share The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices will hear the case in late November without waiting for a federal appeals court to weigh in. In a filing by U.S.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.

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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. It demands to be governed by as universal a rule of apportioning responsibility as is available.” FEATURED CASE. ExxonMobil Corp.

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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. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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SCOTUSBlog

JUNE 28, 2021

Share The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. Court of Appeals for the 4th Circuit had relied in ordering the school board to allow Grimm to use the boys’ restroom. citizen to receive a benefit under state law.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Hawai‘i Federal Court Sent Honolulu’s and Maui’s Climate Cases Back to State Court; Fossil Fuel Companies Appealed. The federal district court for the District of Hawai‘i remanded cases brought by the City and County of Honolulu and the County of Maui seeking to hold fossil fuel companies liable for climate change-related damages.

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