SCOTUSBlog

SEPTEMBER 30, 2022

Share When the Supreme Court returns to the bench on Oct. Environmental Protection Agency , the justices will once again weigh in on an Idaho couple’s efforts to build on land that they own – specifically, what test courts should use to determine whether the Clean Water Act applies to the land, which the EPA has deemed a wetland.

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Mondaq

AUGUST 19, 2021

This week the Sacketts of Idaho were handed their most recent litigation defeat by a three judge panel of the Ninth Circuit Court of Appeals. In ruling against the Sacketts the panel held that.

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Constitutional Law Reporter

OCTOBER 27, 2022

Supreme Court started its October 2022 Term with an environmental case that is poised to make waves. While the CWA defines the term “navigable waters” as “waters of the United States, including the territorial seas,” the precise scope of “waters of the United States” (WOTUS) has been subject to frequent litigation. Facts of the Case.

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SCOTUSBlog

OCTOBER 4, 2022

Share The Supreme Court returned to the bench on Monday for the start of its new term. The justices did not waste any time in getting down to business, hearing argument in a long-running dispute over an Idaho couple’s efforts to build a home on land that they own – but which the Environmental Protection Agency has deemed a “wetland.”

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Construction Court Litigation Litigating 103

NewmanFerraraLLP

JANUARY 8, 2023

Case Grounded on Fraud and Misrepresentation In mid-November, Kristie Brownell filed a proposed class action in a New York federal court against Starbucks Coffee Co. , the world’s largest coffeehouse chain. Will Starbucks wake up and smell the coffee? # # # SOURCE Brownell v Starbucks Coffee Company (Class Action Complaint).

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NewmanFerraraLLP

JANUARY 23, 2023

This Litigation Was Pretty Juicy. The plaintiff, who lived in Illinois, sought to pursue claims on behalf of herself and a class of other Illinois-based purchasers, together with those consumers who lived in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Nebraska and Montana. In Cristia v.

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Litigating Litigation Court 52

NewmanFerraraLLP

JANUARY 19, 2023

This Doesn't Sound Very Soothing On December 7, 2022, throat-drop manufacturer Ricola USA was sued in federal court (Southern District of New York, White Plains Courthouse), because one of its products, labelled “Green Tea With Echinacea,” is alleged to have been deceptively marketed. RICOLA USA (federal court complaint)

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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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Construction Government Legal Legal 122

Patently O

FEBRUARY 8, 2022

2022) , the court says “YES THEY ARE” (at least when an alternate forum is provided). Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. The district court denied motion for the preliminary relief.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

Transmission lines are, like generation facilities, often held up by litigation. In May, the Court modified its earlier vacatur of NWP 12 to cover only future oil and gas pipeline construction. The Corps appealed the District Court’s amended ruling to the Ninth Circuit Court of Appeals. In April of this year, the U.S.

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Construction Litigation Litigating Court 59

HowAppealing

SEPTEMBER 28, 2023

“Appeals court lifts partial block on Idaho abortion ban; Enforcement of the law can begin as litigation winds its way through the courts”: Josh Gerstein of Politico has this report on an order that Circuit Judge Lawrence VanDyke issued today on behalf of a unanimous three-judge panel of the U.S.

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SCOTUSBlog

JANUARY 24, 2022

Share The Supreme Court on Monday morning issued orders from the justices’ private conference on Friday, Jan. One involves the power of federal district courts; the other tests the scope of the Clean Water Act. Court of Appeals for the 9th Circuit upheld that decision.

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SCOTUSBlog

JUNE 14, 2022

Share With two dozen cases from its 2021-22 term still undecided, the Supreme Court on Tuesday released the first argument calendar for its 2022-23 term. Court of Appeals for the 9th Circuit used the correct test to determine whether wetlands are “waters of the United States” for purposes of the Clean Water Act. Goertz (Oct.

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JonathanTurley

DECEMBER 9, 2021

However, the moment that most struck me was an exchange between Supreme Court Justice Samuel Alito and Maine Chief Deputy Attorney General Christopher Taub where Taub appeared to acknowledge that legislatures have every right to ban critical race theory (CRT) from being taught. Maine is one of the states moving to ban CRT. Makin , Docket No.

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Education Attorney Laws Litigation 55

JURIST

AUGUST 11, 2024

The US Court of Appeals for the Eighth Circuit reinstated an Iowa law on Friday that law requires public school libraries to remove books that are not “age appropriate,” such as when they describe or depict “sex acts.” ” Hot-button Iowa legislation has faced litigation in recent months.

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SCOTUSBlog

JUNE 26, 2024

Bloomberg News has reported that the Supreme Court briefly accidentally posted an opinion on its website that would allow emergency abortions to go forward in Idaho. The court’s Public Information Office has issued a statement that the opinion in a pair of cases, Moyle v. United States and Idaho v.

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Above The Law

MAY 14, 2025

Across five of the most closely watched federal appellate cases of the past year, a striking pattern has emerged: courts are grappling with cutting-edge questions at the intersection of constitutional doctrine, statutory interpretation, and contemporary social and technological realities. Opinion Court: U.S. Hytera Communications Corp.

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Punitive Damages Sports Court Litigation 80

JURIST

JUNE 27, 2024

The US Supreme Court on Thursday declined to block access to emergency abortion services in Idaho. US , the Supreme Court was asked to determine whether a federal law —the Emergency Medical Treatment and Active Labor Act (EMTALA)—would preempt Idaho’s near-total abortion ban. In Moyle v.

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The Crime Report

JULY 26, 2022

In September 2017, Adree Edmo , an incarcerated transgender woman, sued the Idaho Department of Corrections for refusing to provide her with medically necessary transition surgery, saying the refusal violated the Eighth Amendment. Courtesy Idaho Press. However, no Supreme Court decisions are currently expected on the issue.

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Court Decisions Litigation Litigating Laws 105

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts.

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SCOTUSBlog

JUNE 27, 2024

Share The Supreme Court on Thursday cleared the way for emergency abortions to go forward, at least for now, in Idaho. Less than 24 hours after Bloomberg News reported on the brief and accidental release of an opinion on the Supreme Court’s website, the justices officially announced that they had dismissed a pair of cases, Moyle v.

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Court Laws Criminal Law Litigation 115

JonathanTurley

OCTOBER 13, 2023

One thing, however, we agree upon: it is time for the federal courts to rule on this theory to bring clarity to the election. That may now occur in West Virginia where Attorney General Patrick Morrisey wants a federal court to throw out a lawsuit attempting to remove Donald Trump from the ballot in the state. Castro received a J.D.

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Court Lawyer Lawyers Attorney 64

JURIST

DECEMBER 31, 2022

This new rule was contested on the basis of administrative overreach, but the revision was ultimately accepted after a 2018 Supreme Court ruling. This revision to the CWA may affect the outcome of a case currently before the US Supreme Court. The Supreme Court heard the first oral arguments for this review in October.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court Agreed to Hear Small Refiners’ Appeal in Renewable Fuel Standard Exemption Case. and non-U.S. FEATURED CASE.

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Court Government Technology Assisted Review Litigation 52

JURIST

MARCH 23, 2025

The US District Court for the District of Idaho on Thursday granted a preliminary injunction to block the enforcement of Idaho’s near-total ban against Idaho ER doctors from performing emergency abortions. The Idaho Capital Sun previously reported , “St.

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ClimateChange-ClimateLaw

DECEMBER 18, 2024

Despite this additional background, because the plain text of the law is somewhat ambiguous, it would ordinarily fall to the courts to determine what the phrase means in the context of a challenge to a reissued rule. Idaho 2019). Under this view, a court could consider an agencys compliance with the CRA with respect to a reissued rule.

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Above The Law

APRIL 7, 2025

(Photo by Samuel Corum/Getty Images) Supreme Court Justice Amy Coney Barrett, once celebrated as a stalwart conservative and a crowning achievement of the Trump presidency, now finds herself under fire from the very base that championed her confirmation. Her recent vote in Department of State v. Lets unpack the data.

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Statute Court Government Immigration 87

SCOTUSBlog

MAY 24, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After going two conferences without any new relists, the Supreme Court ended the relist drought this week with a vengeance. Court of Appeals for the 6th Circuit to lift those orders while they appealed.

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ClimateChange-ClimateLaw

MAY 7, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court seeking review of the D.C. By Margaret Barry and Korey Silverman-Koati. and non-U.S. FEATURED CASE. 20-1530 (U.S.

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ClimateChange-ClimateLaw

MAY 5, 2025

Department of Justice to stop defending the federal governments own permits for wind projects when those permits are challenged in court. This could be a real issue, as permits for several offshore wind projects, including South Fork Wind , Revolution Wind , Coastal Virginia Offshore Wind , and Vineyard Wind , have been challenged in court.

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SCOTUSBlog

JULY 3, 2024

The Trump docket Even before the Supreme Court issued its July 1 decision holding that former presidents cannot face criminal liability for their official acts, Trump had already effectively scored a major victory from the justices. The 6-3 ruling that came from the court on July 1 made the prospect of any trial even more uncertain.

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SCOTUSBlog

MAY 13, 2025

On May 15, the Supreme Court will hear oral arguments in the federal governments efforts to be able to generally implement President Trumps executive order ending birthright citizenship the guarantee of citizenship to virtually everyone born in the United States. What happened in the lower courts? How many cases are there?

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JURIST

APRIL 30, 2025

This comes after the Ninth Circuit Court of Appeals declined to stay a district court’s ruling in favor of the Biden administration on a restrictive Idaho abortion law. The question was whether EMTALA preempted Idaho’s “ Defense of Life Act ,” a near-total ban on abortions.

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