SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

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ClimateChange-ClimateLaw

AUGUST 31, 2021

The district court in Oregon in 2016 seemed to favor such a right, but a divided Ninth Circuit concluded in 2020 that the plaintiffs lacked standing. The plaintiffs are now back in the district court seeking much more modest relief.). Now we have an important new decision from Montana. Photo by Mark Koch on Unsplash.

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Patently O

MAY 25, 2021

Montana Eighth Judicial Dist. Montana Eighth Judicial Dist. In performing the personal jurisdiction analysis, the Middle District of Florida lays out the roadmap for the examination, indicating that the court will need to go through specific and general jurisdiction analyses. Ford Motor Co. 1017 (2021).

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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. The trend appears largely, if not entirely, in cases against the United States. Why, you might ask, should this matter?

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OilandGasLawyer

OCTOBER 2, 2020

In 2018 I commented on a case in the 9th Circuit court of Appeals, Murray v BEJ Minerals, LLC , holding that fossils of two “dueling dinosaurs”, a 22-foot-long theropod and a 28-foot-long ceratopsian, “engaged in mortal combat” when “entombed under a pile of sandstone,” were “minerals” under Montana law. Well, not so fast.

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SCOTUSBlog

MARCH 2, 2022

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. In the end, it was not clear what direction the court is likely to take. Kavanaugh compared the facts at issue to an older case, Morrissette v.

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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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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. Washington (1945).

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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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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

These permitting decisions may then subject transmission lines to NEPA, among other statutes. . 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.

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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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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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Conflict of Laws

MAY 17, 2022

American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. Choice of court agreements are one of the most important instruments of international civil procedure law.

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Constitutional Law Reporter

DECEMBER 19, 2022

Supreme Court heard oral arguments in four cases. Below is a brief summary of the other cases before the Court: Ciminelli v. Below is a brief summary of the other cases before the Court: Ciminelli v. Last week, the U.S. One of the most closely watched is Percoco v. United States v. 1226(c) or 8 U.S.C.

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SCOTUSBlog

JUNE 2, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s now June — the home stretch of the Supreme Court’s term, and yet there are still 33 cases still undecided. Court of Appeals for the 9th Circuit affirmed. We have just one new relist this week.

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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. In Carson v.

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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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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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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. The states attorney general, Republican Gentner Drummond, went to the Oklahoma Supreme Court, seeking an order directing the charter school board to invalidate its contract with St.

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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

MAY 22, 2025

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. There are 102 petitions and applications on the Supreme Courts docket for this weeks conference. That said, lower courts have had trouble determining what Ross s governing rule is under Marks v.

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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. United States.

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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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JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” Wyoming filed a separate complaint in the federal District Court for its own state.

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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. One reason the petitioners asked the D.C.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.

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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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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

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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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

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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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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ClimateChange-ClimateLaw

MAY 7, 2021

Supreme Court seeking review of the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. FEATURED CASE. States and Coal Company Sought Review of D.C.

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