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Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. It was often assumed that the claim must have “arisen out of” the defendant’s forum contacts: what did that mean?
The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. Energy & Environment Legal Institute v. North Dakota v. 16-1242 et al. Arizona Board of Regents , No.
It’s to introduce you to thought leaders doing meaningful work in the well-being space within the legal profession and in the process to build and nurture a national network of well-being advocates intent on creating a culture shift within the profession. For those of you who are new to the podcast, our goal is pretty simple.
Yet, the question is not what Carruth “should” have done but what he is legally required to do. That is similar to a prior case we discussed where a Montana man was accused of luring the enraged lover of his wife into a garage and then shooting him. (He Read was unarmed and has no criminal record.
Montana Federal Court Allowed Some Coal Mining Activity to Take Place While Federal Agency Completed Required NEPA Review. The company said the injunction would “[i]n a matter of weeks … cause severe consequences to the mine and its employees, in an area of Montana that can ill-afford economic displacement.” CP18-5 (FERC Oct.
Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.
The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.” Bernhardt , No. 4:18-cv-05712 (N.D. Washington , No. 22O152 (U.S.
Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. The federal district court for the District of Montana found flaws in an updated environmental assessment for a mining plan modification that extended the life of the Spring Creek Mine, a surface coal mine in Montana.
The Tenth Circuit vacated and remanded the exemptions after EPA moved for vacatur and voluntary remand, conceding that it did not analyze determinative legal questions regarding the refineries’ eligibility for the extensions. Circuit granted the motion on May 26, 2021. Renewable Fuels Association v. 21-9518 (10th Cir. Sierra Club v.
In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. And in the second case, Montana and Wyoming v.
Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. Animal Legal Defense Fund v. City of Oakland , No. 20-1089 (U.S. June 14, 2021). Justices Thomas and Alito would have granted the motion. Washington , No. 22O152 (U.S. June 28, 2021). In a 6-3 decision, the U.S. BP p.l.c. ,
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