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Montana Supreme Court affirms landmark climate ruling in favor of youth activists

JURIST

.” In August 2023, the First Judicial District Court found that the right to a clean and healthful environment “includes climate as part of the environmental life-support system,” that the plaintiffs had legal standing, and that two Montana statutes were unconstitutional.

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Environmental Rights in State Constitutions

ClimateChange-ClimateLaw

However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Is it Okay Now to Say There is a Thin Record on Jackson’s Judicial Philosophy?

JonathanTurley

Indeed, it was treated as racist to even note that Jackson’s record does not offer a clear judicial philosophy on the interpretation of the Constitution or statutes. I have stated repeatedly that I consider her work as a trial judge and litigation experience to be major pluses for her nomination. Likewise, Sen.

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State “Climate Superfund” Bills: What You Need to Know

ClimateChange-ClimateLaw

No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. In 2023, the Supreme Court of Hawaii held the opposite in City & County of Honolulu v. It is of note that the precedent concerns common law claims and courts may approach state statutes differently.

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