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As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River

SCOTUSBlog

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Ergon-West Virginia, Inc. On November 23, GM announced that it was withdrawing from the litigation. and non-U.S.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] cit [50] See, e.g., West Virginia v. Times , Oct. 12, 2022. [49]

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Not only does the Chevron doctrine acknowledge the subject-matter expertise of federal agencies, it writes, but deferring to an agency’s reasonable interpretation of the law allows the agency’s interpretation to apply throughout the country, avoiding the inconsistent interpretations that might result from “piecemeal litigation of the issue.”

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Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022

JonathanTurley

The Biden administration and other litigants then forced a reconsideration of that decision. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law. The court ruled 5-4 to allow the Texas law to be enforced.

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US Supreme Court hears arguments in major climate change chase

JURIST

The US Supreme Court heard oral arguments Monday in West Virginia v. During the Trump administration, the EPA repealed the CPP, replacing it with the Affordable Clean Energy Rule and sparking a new round of litigation. The states and coal companies argued that the court should proceed with a decision on the case.

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