SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. 9] The proposed legislation in California is both legally solid and helpful for making climate progress. Academic readers of this blog should too!

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SCOTUSBlog

MARCH 25, 2025

The group is funded in part by Leonard Leo, the Federalist Society co-chair who has raised hundreds of millions of dollars for conservative legal campaigns and helped pick or confirm each of the courts six conservative justices. Congress did the same thing here, the FCC says.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The mining company argued that the district court should not have issued the injunction without hearing legal arguments and factual evidence on the appropriate remedy, and without weighing the mandatory factors for a mandatory injunction. Energy & Environment Legal Institute v. Resolute Forest Products, Inc. 3:17 -cv-02824 (N.D.

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JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The West Virginia majority opinion suggests a two-prong framework for the major questions doctrine. Env’t Prot. On June 30, 2023, the Supreme Court applied the major questions doctrine in Biden v.

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SCOTUSBlog

JULY 7, 2022

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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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. West Virginia v. Missouri v. Biden , No.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

West Virginia v. The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court dismissed the proceedings 11 days after the effective date of the U.S.

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JonathanTurley

OCTOBER 30, 2023

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. See Pennsylvania General Assembly Statute §7102. McKamey insists that it is just a “crazy haunted house” and stops well short of the legal-definition of torture. The video seemed more incriminating than exculpatory.

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JURIST

DECEMBER 5, 2024

Over nearly two and half hours, the justices engaged three different advocates with questions about the legal issues of the case and the real-world ramifications their decision could have. Rice argued that the statute just tries to give minors time to appreciate their sex before making irreversible choices and seeking treatments.

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ClimateChange-ClimateLaw

MARCH 13, 2023

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.”

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ClimateChange-ClimateLaw

MARCH 6, 2018

The California federal court said the substantive legal issues in the District of Wyoming case were distinct from the procedural issues at issue in this action. Energy & Environment Legal Institute v. West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies.

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SCOTUSBlog

FEBRUARY 28, 2022

The case, West Virginia v. One question before the court on Monday was whether the Republican-led states and the coal companies have a legal right to bring the case to the Supreme Court at all when the D.C. Lindsay See, the solicitor general of West Virginia, urged the court to go ahead and decide the case.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Renewable Fuels Association v.

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SCOTUSBlog

FEBRUARY 27, 2022

The dispute at the center of West Virginia v. Two coal-mining companies and 20 Republican-led states, including West Virginia and North Dakota, asked the Supreme Court to review the D.C. And depending on exactly how the justices rule, their decision could limit the power of federal agencies more broadly. Circuit’s ruling.

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ClimateChange-ClimateLaw

MAY 7, 2021

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. West Virginia v. 20-1530 (U.S.

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SCOTUSBlog

FEBRUARY 23, 2023

Elizabeth Slattery is a senior legal fellow at Pacific Legal Foundation , a nonprofit legal organization that defends Americans’ individual liberty and constitutional rights. Like Obama’s Clean Power Plan, the Trump-Biden eviction moratorium, and Biden’s vaccine mandate, the loan-cancellation plan rests on dubious legal ground.

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