Remove Drafting Remove Statute Remove West Virginia
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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

Ergon-West Virginia, Inc. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. 19-2128 (4th Cir. Ninth Circuit Rejected Claim That CEQA Applied to Taxi Rules for Airport Pickups.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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

ClimateChange-ClimateLaw

23] The draft rule required them only if they are determined to be “material,” which has led to a considerable amount of confusion. [24] 51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. cit [50] See, e.g., West Virginia v.

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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. The Supreme Court agreed to take up the case, while the Biden administration has announced plans to draft its own set of new regulations. Environmental Protection Agency , a major test of the agency’s authority to regulate greenhouse gas emissions.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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In climate-change case, justices grapple with EPA’s role, congressional intent, and their own jurisdiction

SCOTUSBlog

The case, West Virginia v. The Supreme Court then granted a request by Republican-led states and coal companies to review that ruling; meanwhile, the Biden administration EPA has indicated that it will not reinstate the Clean Power Plan and is instead drafting its own rules on greenhouse-gas emissions from power plants.

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