SCOTUSBlog

MARCH 17, 2023

Meanwhile, the water level at Lake Powell, the massive reservoir created by the Glen Canyon Dam on the Utah-Arizona border, is at historic lows, threatening its ability to generate power. They argue that the jurisdictional threshold under the APA is less demanding than statutes allowing for money damages. The 1964 Arizona v.

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SCOTUSBlog

AUGUST 6, 2021

Next, NC Financial Solutions of Utah, LLC v. NC Financial Solutions of Utah, LLC v. Virginia concerns the power of a state attorney general to bring lawsuits on behalf of private parties who would otherwise be subject to an arbitration agreement.

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Attorney Statute Court Contract 110

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Construction Statute Felony Court 101

SCOTUSBlog

FEBRUARY 21, 2022

also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. The statute was later amended to allow, in limited situations, tribal court sentences of up to three years. Denezpi, a citizen of the Navajo Nation, is accused of a July 2017 sexual offense against V.Y.,

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Court Government Statute Laws 107

SCOTUSBlog

AUGUST 20, 2021

More fallout is still to come as approximately a quarter of the postconviction challenges involve crimes already beyond the federal statute of limitations. Kennon Tubbs is a private medical doctor who provided medical services at a county jail in Utah. The total population of Oklahoma is just under four million residents.

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Court Government Statute Court Rules 104

LawSites

DECEMBER 29, 2021

I asked her if Utah and Arizona were the first dominoes that would set off a chain reaction of other states following suit. It focuses on the Rules of Professional Conduct, and suggests that there is no parallel way to regulate alternative legal services providers – a suggestion already disproven in both Arizona and Utah.

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Legal Legal Legal Services Technology 145

LawSites

DECEMBER 29, 2021

I asked her if Utah and Arizona were the first dominoes that would set off a chain reaction of other states following suit. It focuses on the Rules of Professional Conduct, and suggests that there is no parallel way to regulate alternative legal services providers – a suggestion already disproven in both Arizona and Utah.

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Legal Legal Legal Services Technology 52

Conflict of Laws

OCTOBER 28, 2022

Here, first the conflict-of-law issue to be dealt with is the source of law that is to be used to determine the relevant statute for recourse. In its decision of 3 March 2021, the Federal Court of Justice endorsed an alternative approach based on Article 19 of the Rome II Regulation and Article 7 para.

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Contract Laws Government Court 52

SCOTUSBlog

JUNE 20, 2024

Study of environmental impacts of crude oil production The Seven County Infrastructure Coalition wants to build a new 88-mile common carrier rail line that would link an isolated part of Utah to the national rail network. It sought and received the Surface Transportation Board’s approval to do so. In Seven County Infrastructure Coalition v.

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Court Laws Government Real Estate 108

The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

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Attorney Court Lawyers Lawyer 127

JonathanTurley

JULY 11, 2021

There is a troubling case in Panguitch, Utah where a woman has reportedly been charged with a hate crim e for allegedly “stomping on a ‘Back the Blue’ sign” at a gas station. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. The outcome can be laid at no door but ours.

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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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Statute Government Court Legal 152

LettersBlogatory

OCTOBER 6, 2022

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from Israel. Why, you ask, would Israelis be interested in being married under Utah law? Cyprus is a typical destination.

ESI 52

ESI Contract Statute Litigation 52

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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Court Government Litigating Litigation 56

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. In re Southern Utah Wilderness Alliance , No. IBLA 2019 94 (IBLA Sept. NEW CASES, MOTIONS, AND NOTICES.

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JonathanTurley

SEPTEMBER 1, 2023

The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it] These laws have been enacted in other states, including Louisiana, Mississippi, Virginia and Utah. Judge Ezra ruled that “H.B. 1181 is unconstitutional on its face.”

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Laws Entertainment Statute Court 33

The Crime Report

FEBRUARY 23, 2022

Earlier this month, the Utah House of Representative’s Law Enforcement and Criminal Justice Committee, after lengthy and passionate debate, narrowly defeated a bill to repeal the death penalty. The death penalty was often described in Utah as “blood atonement “?the Executions are rare in Utah and so is the method.

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Statute Attorney Drafting Court 137

JURIST

JULY 11, 2024

In a unanimous decision, the Utah Supreme Court decided Thursday that Utah citizens have a constitutional right to reform their government in response to past redistricting efforts to divide Salt Lake City into four congressional districts, resulting in Republicans winning by a large margin.

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Government Court Statute 197

ClimateChange-ClimateLaw

JANUARY 13, 2021

After Temporarily Blocking Activity on Helium Extraction Project in Southeastern Utah, Federal Court Denied Emergency Injunctive Relief. Bureau of Land Management (BLM) of a helium extraction project in an area of the San Rafael Desert in southeastern Utah covered by an oil and gas lease sold in December 2018. 20-472 (U.S. Dingell, Jr.

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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.” BLM Dropped Appeal of Adverse Decision on Environmental Review for Utah Coal Mine Expansion. June 22, 2021).

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Court Litigation Litigating Statute 46

Fordham Law News

MARCH 18, 2023

5] The statute requires plan fiduciaries act “solely in the interest of” and “for the exclusive purpose of. 31, 2023), [link] [2] See generally Complaint, Utah v. 1] Shortly thereafter, the 2022 rule gave rise to litigation that was led by 25 Republican attorney generals. [2] population.” [3] Walsh, 23-cv-00016 (N.D. 26, 2023). [3]

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Litigation Litigating Government Attorney 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. Lawsuits Challenged NEPA Reviews for Oil and Gas Lease Sales in Colorado, New Mexico, Utah, and Wyoming.

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Court Reporting Court Construction Government 56

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The federal defendants, the States of Wyoming and Utah, and several trade groups appealed the district court’s November 2020 decision. WildEarth Guardians v. Haaland , Nos. 21-5006, 21-5020, 21-5021, 21-5023, 21-5024 (D.C.

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Court Government Construction Litigating 40

Fordham Law News

JANUARY 5, 2024

15] However, while this did give major league baseball players standing to bring antitrust claims against Major League Baseball (“MLB”), the statute is notoriously confusing with respect to all other parties. Senator for Utah, supra note 2; Arcieri, supra note 2. [28] 16] However, there is a split on this issue, such as in Piazza v.

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Sports Stare Decisis Laws Court 52

ClimateChange-ClimateLaw

DECEMBER 11, 2023

While the decision has been appealed , a federal district court in Utah v. Under Chevron , a reviewing court examines the statute under which an agency claims the authority to regulate, to see if Congressional intent is clear. In the Utah v. There is, however, a notable exception to this trend. Raimondo and Relentless v.

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Legal Legal Court Statute 64

ClimateChange-ClimateLaw

DECEMBER 7, 2020

Thus, for example, the Secretary of the Interior has previously cancelled leases that were issued before the requirements of NEPA and other statutes were met. This has been interpreted as authorizing the cancellation of leases “issued in violation of. procedural requirements.” There is a catch, however.

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Statute Court Legal Legal 103

Patently O

MARCH 17, 2024

There are rare patent cases that challenge the validity of the patent statutes or the way those statutes are applied by the PTO (e.g., Patent cases appear to be excluded from the policy; they do seek to force or prohibit any federal action. Vidal , challenging the PTO’s use of ‘discretionary’ denials of inter partes review petitions).

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Statute Government Court Litigation 85

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. Louisiana v. Biden , No. May 10, 2021).

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Court Statute Government Litigating 43

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Within ERISA’s framework, from which state-by-state deviation is not allowed, is language at issue in an appeal in Utah v. The appeal of Utah v. Walsh (now called Utah v. Walsh , an important pending discussed further below. Su ) also involves fiduciary duties under ERISA.

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Court Litigation Litigating Government 71

The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Law: Utah SB174 2020. No exception for rape or incest.

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Felony Statute Laws Court Decisions 59

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. City of Oakland v.

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Court Reporting Court Government Construction 40

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.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Utah Federal Court Said Analysis of Coal Mine Expansion’s Greenhouse Gas Impacts Was Inadequate. 1:19-cv-02869 (D.

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Court Statute Litigating Litigation 117

SCOTUSBlog

NOVEMBER 30, 2021

To the contrary, in the year it was ratified (1868), thirty of thirty-seven states explicitly criminalized abortion by statute.” According to the group, the court wrongly concluded in Roe that the 19th-century statutes had been enacted to protect women from dangerous operations, rather than to protect fetuses.

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Stare Decisis Court Laws Legal 136

JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. Around 2:26, Trump mistakenly called Utah Sen. COUNT TWO (Aiding and Abetting Assault and Battery). COUNT THREE (Directing Intentional Infliction of Emotional Distress). Code § 22-1322 – Incitement to Riot).

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Punitive Damages Tort Statute Court 46

SCOTUSBlog

JANUARY 21, 2021

Kane County, Utah v. Kane County, Utah , 20-96. relisted after the Dec. 15 conferences). United States , 20-82. relisted after the Dec. 15 conferences). United States v. relisted after the Jan. 15 conferences). Scarnati v. Pennsylvania Democratic Party , 20-574. relisted after the Jan. 15 conferences).

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Court Immigration Statute Law Firm 92

SCOTUSBlog

JANUARY 13, 2021

Kane County, Utah v. Kane County, Utah , 20-96. relisted after the Jan. 8 conference). Scarnati v. Pennsylvania Democratic Party , 20-574. relisted after the Jan. 8 conference). Returning Relists. United States , 20-60. relisted after the Dec. 11 and Jan. 8 conferences). United States , 20-82. relisted after the Dec. 11 and Jan.

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Court Government Laws Statute 84