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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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Federal jurisdiction and the constitutionality of eviction moratoriums

SCOTUSBlog

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The district court agreed and dismissed Whole Foods with prejudice. 17 conferences.) Ocean State Tactical, LLC v.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. In an unusual move, Konan, reprented by the Stanford Law School Supreme Court Litigation Clinic, has filed a conditional cross-petition ( Konan v. But the U.S. 1985(3) , does not apply to federal officials.

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Federal Court Refuses to Halt Construction of Revolution Wind Project

ClimateChange-ClimateLaw

For example, in recent years, federal courts have denied motions for preliminary injunction in litigation pertaining to the South Fork Wind , Vineyard Wind , and Coastal Virginia Offshore Wind projects.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. The product-liability tort gives companies an incentive to minimize risks while empowering litigants to seek redress for injuries. Yet it leaves the matter far from resolved. In State v.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. climate litigation charts. Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. Derivative Litigation , No. and non-U.S.

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White House Press Sec Scores Another Own Goal In Funding F*cktussle

Above The Law

The President's EO's on federal funding remain in full force and effect, and will be rigorously implemented. Defendants actions in this case potentially run roughshod over a bulwark of the Constitution by interfering with Congresss appropriation of federal funds.