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The dispute arose after the Internal Revenue Service assessed a $19,250 penalty and issued a notice of intent to levy to a small NorthDakota law firm for failing to file employee tax withholding forms. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case.
The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. NorthDakota v. NorthDakota v. 15-1381 et al. opening briefs Oct. Groups Asked D.C.
The court also dismissed defamation and related state tort claims. Minnesota and Washington Courts Said Climate Protesters Could Present Necessity Defense at Trial; Protester Found Guilty of Criminal Mischief and Trespass After NorthDakota Court Denied Permission to Present Necessity Defense.
Bureau of Land Management’s (BLM’s) sales of oil and gas leases on public lands in Montana and NorthDakota between July 2019 and September 2020 suffered from the same defects that the court identified in a May 2020 decision that vacated 2017 and 2018 leases.
NorthDakota and Second Coal Company Asked for Review of D.C. The June certiorari petitions were filed by a coal mining company and by NorthDakota. Both NorthDakota and the coal mining company asked the Court to review the question of the scope of EPA’s regulatory authority under Section 111(d) of the Clean Air Act.
The federal district court for the District of NorthDakota dismissed without prejudice a lawsuit brought by an oil and gas exploration and production company in February 2021 to compel BLM to act on applications for permit to drill (APDs) submitted in 2020 for oil and gas leases in NorthDakota.
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