ClimateChange-ClimateLaw

AUGUST 6, 2024

Recently, a federal court denied two back-to-back motions by a group called Green Oceans to preliminarily enjoin construction of the 704-megawatt Revolution Wind project off the coast of Rhode Island.

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SCOTUSBlog

MARCH 6, 2025

In such cases, the rule is that federal courts apply state substantive law and federal procedural law. Relisted after the Dec. 21 and Feb. 28 conferences.) Ocean State Tactical, LLC v.

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JonathanTurley

NOVEMBER 21, 2021

It has limits, however—most notably the standard statute of limitations, which commonly range from one to four years. By alleging a nuisance that creates a continuing injury, litigants can dispense with the statute of limitations. The claims were based on third parties’ illegal or harmful use of them. In State v.

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ClimateChange-ClimateLaw

SEPTEMBER 2, 2021

Four jurisdictions (Rhode Island, Massachusetts, Connecticut and the District of Columbia) have signed a Memorandum of Understanding committing to the TCI program. The initiative seeks to reduce greenhouse through a cap-and-invest model that taxes fuel providers and reinvests the proceeds in clean transportation.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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Above The Law

FEBRUARY 4, 2025

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.

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The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

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SCOTUSBlog

JANUARY 23, 2025

United States , 24-25 Issue: Whether the Sixth Amendment reserves to juries the determination of any fact underlying a criminal restitution order. Relisted after the Jan. 10 and Jan. 17 conferences.) Ocean State Tactical, LLC v. Relisted after the Jan. 10 and Jan. 17 conferences.)

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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. Rhode Island v. West Virginia v.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Rhode Island Federal Court Denied Motion to Stay Remand Order in Rhode Island’s Climate Change Case. Rhode Island v. Irish Court Rejected Claims that National Mitigation Plan Violated Climate Statute, Constitution, and Human Rights Obligations. Mayor & City Council of Baltimore v. BP p.l.c. ,

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Above The Law

FEBRUARY 12, 2025

The Executive Branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through Presidential priorities,’ Rhode Island federal Judge John McConnell scolded in the January 31 TRO , reminding the feds that actually Congress has the power of the purse.

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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JonathanTurley

DECEMBER 28, 2021

Nevertheless, in the past, I have defended extremist views on academic freedom grounds like those of University of Rhode Island professor Erik Loomis, who rationalized the murder of a conservative protester and said that he saw “nothing wrong” with such acts of violence. Other academics have called for or defended violent acts.

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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. State court proceedings in Rhode Island’s case were put on hold in August pending the U.S.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

The defendants filed their reply brief on January 22, 2020, reiterating their arguments that the Tenth Circuit should review the entire remand order, not just the district court’s determination that removal was not proper under the federal-officer removal statute, and that there were multiple valid grounds for removal. Rhode Island v.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request. Franklin v.

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Above The Law

FEBRUARY 10, 2025

Today’s hiding comes courtesy of Judge John McConnell in Rhode Island, who is not impressed with the government’s claim to have violated his prior TRO by accident. (Photo via Getty Images) Another day, another courtroom smackdown for the Trump administration.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

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. Rhode Island , No. Chevron Corp.

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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. Rhode Island , No.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Environmental Protection Agency (EPA) to respond to requests for records related to actions EPA took after the agency cancelled presentations by two EPA scientists and a consultant at a conference on climate change at Narragansett Bay in Rhode Island in October 2017.

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ClimateChange-ClimateLaw

JULY 2, 2021

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.” In re Enbridge Energy, LP , Nos. EPA’s response to the petitions is due on August 5, 2021. 20-1778 (U.S.

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JonathanTurley

DECEMBER 12, 2024

We also discussed the free speech rights of University of Rhode Island professor Erik Loomis, who defended the murder of a conservative protester and said that he saw nothing wrong with such acts of violence. Loomis, who has written for the New York Times , was later made Director of Graduate Studies of History at Rhode Island ).

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JURIST

MARCH 14, 2025

The Attorney Generals (AGs) for Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Washington DC and Wisconsin filed the complaint in a Massachusetts District Court.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act. holding that the scope of appellate review of remand orders extended beyond review of removal based on the federal-officer removal statute. Rhode Island v.

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