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Here’s the Tuesday morning read: Supreme Court Is Asked to Hear a New Admissions Case on Race (Stephanie Saul & Adam Liptak, The New York Times) The Supreme Court and the Federal Officer Removal Statute (Steve Vladeck, One First) Supreme Court Blocks WestVirginia Bid to Challenge CFPB Funding (Evan Weinberger, Bloomberg Law) The Supreme Court (..)
When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of WestVirginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. The court clarified one provision of the law last term in Terry v. United States. The new petitions, Watford v. United States.
Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. NetChoice LLC , on Feb.
Carole Johnson (consolidated cases), the Court found that the conditions set by Novartis and United Therapeutics on covered entities did not violate the 340B statute, although more restrictive conditions could violate the law. This decision may encourage more state-level efforts to adopt similar laws.
Following an explosion at a coal mine in WestVirginia that killed 29 miners, federal prosecutors charged Don Blankenship, then the CEO of the company that owned and operated the mine, with willfully violating safety regulations. These and other petitions of the week are below: Old Dominion Electric Cooperative v.
The Navajo Nation reservation is about the size of Ireland or WestVirginia, 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.
Photo credit: GRIDArendal on Visualhunt Antitrust – a previously dormant area of law and federal enforcement – has reached a new zenith in recent years. Antitrust law defines guardrails to address boycotts led by corporations. What is a Boycott, according to antitrust law? What actions, and what changes, are inspired?
Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The United States Supreme Court’s opinion in WestVirginia v. International license.
Ohio, Indiana, and WestVirginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.
PJM determined that a project proposed by Transource consisting of new transmission lines running from WestVirginia to Maryland would reduce this congestion and provide net positive economic benefits. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”
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. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S.
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. Ergon-WestVirginia, Inc. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ).
On June 3, President Joe Biden signed the Fiscal Responsibility Act of 2023, a law passed to raise the federal debt ceiling. Joe Manchin, a WestVirginia Democrat, the act also included a provision that ordered federal agencies to issue any permits needed to complete the pipeline. As a concession to Sen.
Before his death, decedent filed suit for personal injury and loss of consortium in WestVirginia. The Court explained: Here, Decedent brought suit in WestVirginia for personal injury and loss of consortium. Decedent was, obviously, still living at the time of his reaching a settlement in the WestVirginia litigation. …
The latter program was at issue in last Monday’s oral arguments — specifically, whether Wisconsin Bell, a midwestern offspring of the former AT&T monopoly, can be sued under an anti-fraud statute for overcharging schools and libraries for phone and internet service. WestVirginia v.
The law defines “public accommodation” broadly to include almost every public-facing business in the State. Either state officials or private citizens may bring actions to enforce the law, and a variety of penalties can follow any violation. 640 (2000), WestVirginia Bd. Dale , 530 U.S. Barnette , 319 U.S. 557 (1995).
See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the WestVirginia office for Halloween. However, many areas of Europe have good Samaritan laws protecting such rescuers. White clearly does not like spiders, even fake ones.
See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the WestVirginia office for Halloween. However, many areas of Europe have good Samaritan laws protecting such rescuers. White clearly does not like spiders, even fake ones.
Share The Supreme Court on Wednesday will hear a challenge to a Tennessee law that bans the use of puberty blockers and hormone therapy for transgender teens. And with similar laws in 23 other states , the court’s ruling is likely to have broader implications for the protections available to transgender people across the country.
Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.
The law would mesh with corporate climate disclosure regulations elsewhere, particularly in Europe, and would therefore represent a significant step toward assuring the accuracy, trustworthiness, and transparency of corporate climate performance reporting. 4] The new corporate climate disclosure bills may well continue that tradition.
Stillie , the case challenging Alaska’s disclosure requirement statute for political contributions. The court also denied review of two cases challenging New York City’s rent-regulation laws , with Justice Neil Gorsuch noting that he would have granted the petitions. The court denied review in Smith v. And the U.S.
Anderson 24-90 Issues : (1) Whether WestVirginia violated the equal protection clause of the 14th Amendment by declining to cover surgical treatments for gender dysphoria; and (2) whether WestVirginia violated the Medicaid Act and the Affordable Care Act by declining to cover surgical treatments for gender dysphoria.
Last year, the justices took a major step to weaken the power of administrative agencies when they overturned the Chevron doctrine, which significantly curtailed the power of agencies to interpret the laws they implement. Congress, the coalition asserts, has outlined the controlling general policies that are the basis for the law.
Share In the aftermath of the 2008 financial crisis, Congress consolidated the task of enforcing federal consumer finance laws into one agency. Congress, the agency emphasizes, can change how the CFPB is funded or how much it receives at any time, simply by passing a statute. Three years ago, in Seila Law v.
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. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.
The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in WestVirginia v. ” In WestVirginia v.
8, a Texas law that bans nearly all abortions in the state. Although the law conflicted directly with Roe v. Casey , the court’s long-standing decisions holding that the Constitution protects the right to have an abortion before a fetus can survive outside the womb, the court nonetheless allowed the law to go into effect on Sept.
Senator Joe Machin, a Democrat from WestVirginia who chairs the Senate Energy and Natural Resources Committee, criticized the new rule, saying, “This will only lead to more costly delays and litigation. As climate change becomes more of a consideration, environmentalists remind policy makers why NEPA was established decades ago.
The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in WestVirginia v. The WestVirginia majority opinion suggests a two-prong framework for the major questions doctrine. (A Env’t Prot. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v.
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. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.
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. WestVirginia v. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S.
See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the WestVirginia office for Halloween. However, many areas of Europe have good Samaritan laws protecting such rescuers. White clearly does not like spiders, even fake ones.
Chloe Miracle-Rutledge is a JURIST Supreme Court Correspondent and a 2L at Georgetown University Law Center in Washington, DC. Rice argued that the statute just tries to give minors time to appreciate their sex before making irreversible choices and seeking treatments.
In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”
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. applied federal common law. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.
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. First, the court found that Exxon failed to show that federal common law justified removal, even if it might provide a defense. and non-U.S.
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. The first petition was filed by WestVirginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule.
Smith , which held that the free exercise clause does not prohibit the enforcement of generally applicable laws that incidentally burden religious conduct. WestVirginia v. The court considered whether to overrule that decision in Fulton v. In addition, the court relisted: Boardman v. CVSG: 8/25/2021. relisted after the Sept.
The Biden administration located a previously untapped source of authority in the HEROES Act of 2003, a law passed in the early days of the Iraq War to temporarily freeze student loans held by servicemembers and their families during times of war or national emergency. In WestVirginia v. But that has not happened.
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