ClimateChange-ClimateLaw

AUGUST 31, 2021

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.

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Patently O

MARCH 25, 2021

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.

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JURIST

JUNE 1, 2021

Cooley argued that such authority was limited by statute and that there is precedent against the recognition of a tribe’s inherent sovereignty over non-Indigenous persons on their land. Cooley examines the sovereign authority of tribal governments over their territory and persons within.

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Law 360

SEPTEMBER 19, 2023

Virginia and 17 other states backed Montana in TikTok's free speech fight over a new Treasure State law that seeks to ban the Chinese-owned social media app in its borders, arguing that the law is a "garden variety consumer protection statute" and well within the states' police power.

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SCOTUSBlog

NOVEMBER 28, 2022

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.

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Patently O

MAY 25, 2021

Montana Eighth Judicial Dist. Montana Eighth Judicial Dist. In Civil Procedure II, the analysis pattern I learned flowed from first looking to a long-arm statute, seeking out any traditional Pennoyer bases of personal jurisdiction (e.g., Personal jurisdiction was the bulk of our semester, taking us through midterms. 1017 (2021).

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OilandGasLawyer

OCTOBER 2, 2020

In 2018 I commented on a case in the 9th Circuit court of Appeals, Murray v BEJ Minerals, LLC , holding that fossils of two “dueling dinosaurs”, a 22-foot-long theropod and a 28-foot-long ceratopsian, “engaged in mortal combat” when “entombed under a pile of sandstone,” were “minerals” under Montana law. Well, not so fast.

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SCOTUSBlog

MARCH 2, 2022

Chief Justice John Roberts began with a series of hypotheticals about speeding tickets — e.g., could a driver going 70 MPH in a 55-MPH zone claim he knew the speed limit but be let off the hook because he thought it should be higher because he was driving on open roads in Montana?

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Constitutional Law Reporter

MAY 1, 2023

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.

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ClimateChange-ClimateLaw

APRIL 18, 2023

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.

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Conflict of Laws

JUNE 28, 2023

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. Montana Eighth Judicial District Court (2021). The result in Mallory v.

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Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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Constitutional Law Reporter

AUGUST 28, 2023

By a slim 5-4 majority, the Court held that Pennsylvania’s statute requiring out-of-state companies to consent to suit in Pennsylvania courts in order to do business in Pennsylvania does not violate the Due Process Clause. 93 (1917), in which the Court held that a similar Montana law complied with the Due Process Clause.

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

These permitting decisions may then subject transmission lines to NEPA, among other statutes. . Like natural gas and oil pipelines, electricity transmission often requires additional permits from federal agencies, depending on whether the power line will cross or impact federal waters or federal land. Three Recent Pipeline Setbacks.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion.

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Conflict of Laws

MAY 17, 2022

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. Eighth Montana District Court and Ford Motor Co. economic sanctions with extraterritorial reach.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.

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SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. We have just one new relist this week. In Wilkins v. New Relist.

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Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v.

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SCOTUSBlog

OCTOBER 22, 2021

Issue : Whether a statute that criminalizes speech intended to annoy or offend is unconstitutionally overbroad under the First Amendment. Lamoureux v. Bethany Hospice and Palliative Care LLC.

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SCOTUSBlog

JULY 2, 2021

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.

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JonathanTurley

OCTOBER 13, 2021

This includes the Montana case of Brice Harper, 24, gunned down Dan Fredenberg, 40, in his garage. I do not believe that Maryland has a specific Castle Doctrine statute. Fredenberg, 40, was coming over to confront Harper about having an affair with his wife, Heather Fredenberg. ” The rule is.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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SCOTUSBlog

APRIL 18, 2025

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. Last August, the Montana Supreme Court upheld that ruling.

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The Crime Report

DECEMBER 15, 2022

Other city and county officials, however, have raised concerns about a statute from the Texas Local Government Code that says municipal bodies like city councils and police departments “may not adopt a policy under which the entity will not fully enforce laws relating to drugs.”.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

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.

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SCOTUSBlog

APRIL 28, 2025

Three years later, they held that Montana could not bar religious schools from a tax-credit program used to fund scholarships for children to attend private schools. In 2017, they ruled that Missouri violated the Constitution when it excluded a church preschool from a state-run program to resurface its playground.

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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. Northern Plains Resource Council v. 20-35412 (9th Cir.

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JURIST

MAY 19, 2023

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

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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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SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. Montana Eighth Judicial District Court ). In Cooper Tire & Rubber Company v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Montana Federal Court Agreed to Consider Keystone XL-Specific Documents and 2012 Biological Opinion in Challenge to Authorization Under Nationwide Permit. The federal district court for the District of Montana granted plaintiffs’ motion to supplement the administrative record in a lawsuit challenging U.S Williams , No.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Bernhardt , No. 4:18-cv-05712 (N.D. Washington , No. 22O152 (U.S. 5, 2020).

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

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.

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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. Sierra Club v. 20-2195 (1st Cir.

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ClimateChange-ClimateLaw

MARCH 6, 2018

On February 28, Montana and Wyoming filed a motion seeking to lift the stay and also seeking immediate suspension of the Waste Prevention Rule’s implementation deadlines. The action involved closing valves on pipelines in Washington, Montana, Minnesota, and North Dakota.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. 1442, or the civil-rights removal statute, 28 U.S.C. Federal Court Rejected Claims that Climate Change-Related Developments Necessitated Supplemental NEPA Review for Forest Plan and Projects.

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