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The Montana Supreme Court on Wednesday affirmed a lower court’s ruling that a state law violated the youth plaintiffs’ right to a clean and healthful environment under the state constitution. She further said that the ruling “ignored the fact that Montana has no power to impact the climate.”
However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. Now we have an important new decision from Montana. On August 4, 2021, the Montana First Judicial District Court denied defendants’ motion to dismiss in Held v.
Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?
Montana 8th Judicial District ( Supreme Court 2021 ). Markkaya Gullett was killed in a Ford Explorer crash near her home in Montana. General Jurisdiction : Ford has a longstanding permanent relationship with Montana, advertises heavily in the state, and receives hundreds-of-millions-of-dollars in revenue from in-state sales.
Generally speaking, that line of cases has limited the circumstances in which statutes that impose timing requirements on federal causes of action are regarded as jurisdictional – which means that they automatically and categorically keep a case out of court. Why, you might ask, should this matter? In most cases, perhaps, it would not.
Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Facts of the Case Larry Steven Wilkins and Jane Stanton own properties in rural Montana that border a road for which the United States has held an easement since 1962.
Transmission lines are, like generation facilities, often held up by litigation. These permitting decisions may then subject transmission lines to NEPA, among other statutes. . The NWP 12 litigation has thus impeded two major pipelines: Keystone XL and Atlantic Coast. Three Recent Pipeline Setbacks. The following day the U.S.
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.
It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945).
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. climate litigation charts. Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion. 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. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.
Hübner: Climate change litigation at the interface of private and public law – the foreign permit. Lieberknecht: Transatlantic tug-of-war – The EU Blocking Statute’s prohibition to comply with US economic sanctions and its implications for the termination of contracts. Montana Eighth Judicial District Court / Ford Motor Company v.
Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. Pivotal Software 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. climate litigation charts. 1442, or the civil-rights removal statute, 28 U.S.C. Derivative Litigation , No. and non-U.S. 19-1189 (U.S. filed Sept.
This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. Procedural hurdles then stalled the litigation for nearly a decade.
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. climate litigation charts. Montana Environmental Information Center v. and non-U.S. 19, 2017); In re Constitution Pipeline Co. ,
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. The federal district court for the District of Montana is to consider these issues on remand. and non-U.S. 20-35412 (9th Cir.
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. Montana and Wyoming Asked Supreme Court to Consider Claims That Washington Impermissibly Blocked Access for Coal Shipments.
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. Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues.
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. Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion.
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. The fossil fuel companies removed the case in March 2021, citing five grounds for removal, including the federal officer removal statute.
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. In re: Border Infrastructure Environmental Litigation , No. and non-U.S. 17cv1215, 17cv1873, 17cv1911 (S.D.
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. The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. 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. climate litigation charts. Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. and non-U.S. 20-1089 (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. climate litigation charts. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction.
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. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. 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. climate litigation charts. On July 21, the plaintiffs filed their opposition in district court in Montana to the developers’ motion to dismiss the action as moot.
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