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.

Statute 126

Statute Litigation Litigating Government 126

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.

Court 63

Court Cause of Action Manufacturing Litigation 63

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.

Court Rules 223

Court Rules Court Statute Government 223

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.

Statute 40

Statute Laws 40

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.

Statute 97

Statute Cause of Action Government Court 97

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).

Law School 122

Law School Laws Statute Diligence 122

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.

Statute 52

Statute Court Laws 52

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.

Stare Decisis 107

Stare Decisis Statute Court Government 107

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?

Mens Rea 98

Mens Rea Government Statute Court 98

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.

Court 114

Court Statute Laws Court Rules 114

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.

Statute 52

Statute Government Entertainment Constitutional Law 52

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.

Construction 122

Construction Government Legal Legal 122

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.

Court 40

Court Statute Cause of Action Contract 40

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 ).

Statute 40

Statute Technology Legal Legal 40

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.

Court 52

Court Laws Cause of Action Constitutional Law 52

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.

Construction 59

Construction Litigation Litigating Court 59

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.

Court 40

Court Litigation Litigating Attorney 40

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.

Contract 40

Contract Legal Legal Court 40

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.

Court 59

Court Government Litigation Litigating 59

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.

Court 52

Court Laws Statute Immigration 52

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.

Compensatory Damages 142

Compensatory Damages Court Education Court Rules 142

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.

Statute 46

Statute Laws Tort Criminal Law 46

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.

Court 72

Court Government Compensatory Damages Litigation 72

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.

Court 111

Court Manufacturing Statute Laws 111

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.”

Small Business 118

Small Business Government Statute Court Rules 118

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.

Litigation 40

Litigation Litigating Court Laws 40

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.

Statute 152

Statute Government Court Legal 152

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).

Cause of Action 96

Cause of Action Court Government Litigation 96

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.

Court 52

Court Government Technology Assisted Review Litigation 52

SCOTUSBlog

JUNE 28, 2021

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. In August 2020, then-Acting Solicitor General Jeffrey Wall suggested that the justices put CACI’s case on hold until their ruling in Nestle v.

Immigration 111

Immigration Court Government Work From Home 111

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.

Court Reporting 45

Court Reporting Construction Court Government 45

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.

Court 45

Court Statute Government Litigation 45

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.

Court 40

Court Attorney Technology Assisted Review Legal 40

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.

Court 40

Court Government Laws Litigation 40

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.

Court Reporting 40

Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” 22O152 (U.S.

Court 49

Court Litigation Statute Litigating 49

ClimateChange-ClimateLaw

MARCH 9, 2021

in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Citing “Unique Background” of Case, Montana Federal Court Rejected Transfer of Claims Regarding Public Lands in Wyoming. The federal district court for the District of Montana denied the U.S.

Court 64

Court Litigation Litigating Construction 64