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 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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Constitutional Law Reporter

MARCH 5, 2024

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.

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SCOTUSBlog

JANUARY 5, 2024

That prompted the challengers – Ohio, Indiana, and West Virginia, along with trade associations and companies affected by the plan – to come to the Supreme Court last fall, asking the justices to intervene. Court of Appeals for the D.C. In a brief, unsigned order on Dec. Board of Governors of the Federal Reserve System (Feb.

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SCOTUSBlog

NOVEMBER 5, 2021

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. In Loughry v. The First Step Act amended 18 U.S.C. §

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SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” And in Erlinger v. The court designated six cases as bellwether cases.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. Celgene Corp. Mylan Pharma ( Fed. Lets talk first about acts of infringement.

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SCOTUSBlog

SEPTEMBER 28, 2023

And the CFPB’s funding statute is “not materially distinct from” those of other financial regulators such as the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Reserve Board itself, the CFPB asserts.

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SCOTUSBlog

FEBRUARY 27, 2022

The dispute at the center of West Virginia v. Two coal-mining companies and 20 Republican-led states, including West Virginia and North Dakota, asked the Supreme Court to review the D.C. And depending on exactly how the justices rule, their decision could limit the power of federal agencies more broadly. Circuit’s ruling.

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SCOTUSBlog

FEBRUARY 23, 2023

Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.” In West Virginia v.

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ClimateChange-ClimateLaw

AUGUST 31, 2022

The 87 enactments in the collection encompass statutes and appropriations bills that were passed by Congress and signed by the president—including every president since President Jimmy Carter. The United States Supreme Court’s opinion in West Virginia v.

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SCOTUSBlog

JULY 27, 2023

Joe Manchin, a West Virginia Democrat, the act also included a provision that ordered federal agencies to issue any permits needed to complete the pipeline. As the dispute came to the Supreme Court, it centered on legislation enacted earlier this year by Congress to expedite the pipeline’s completion. As a concession to Sen.

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SCOTUSBlog

FEBRUARY 28, 2022

The case, West Virginia v. Lindsay See, the solicitor general of West Virginia, urged the court to go ahead and decide the case. West Virginia Solicitor General Lindsay See argues for a group of red states. Standing is no reason to avoid the merits” of the case, she stressed.

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SCOTUSBlog

MAY 27, 2022

Following an explosion at a coal mine in West Virginia that killed 29 miners, federal prosecutors charged Don Blankenship, then the CEO of the company that owned and operated the mine, with willfully violating safety regulations. Planned Parenthood South Atlantic.

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SCOTUSBlog

MARCH 17, 2023

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.

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FDA Law Blog

OCTOBER 12, 2022

By statute, certain activities are automatically excluded from particular DSCSA requirements upon the declaration of a public health emergency under section 319 of the PHS Act. West Virginia ), there is no such definition in FDA regulations or in the DSCSA. While certain states do define “harm reduction programs” (e.g.,

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Constitutional Law Reporter

JULY 25, 2023

640 (2000), West Virginia Bd. In Barnette , the Court held that the State of West Virginia’s efforts to compel schoolchildren to salute the Nation’s flag and recite the Pledge of Allegiance “invad[ed] the sphere of intellect and spirit which it is the purpose of the First Amendment. Dale , 530 U.S. Barnette , 319 U.S.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. PJM therefore concluded that there was a public need for the project, based on FERC-approved methods for determining public need.

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ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. West Virginia was the first state to bar financial firms from engaging in new state business upon determination that they engage in boycott activities. And what are the permissible boundaries of that behavior? What is a Boycott, according to antitrust law?

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SCOTUSBlog

JULY 7, 2022

Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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SCOTUSBlog

OCTOBER 5, 2021

Issue : Whether a state statute that expressly caps punitive damages at two times compensatory damages satisfies the notice requirement of the due process clause such that a punitive damages award that complies with the statute is constitutionally sound under the due process clause. West Virginia v. Epic Systems Corp v.

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ClimateChange-ClimateLaw

MARCH 13, 2023

In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”

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ClimateChange-ClimateLaw

AUGUST 8, 2023

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. cit [50] See, e.g., West Virginia v. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52]

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ClimateChange-ClimateLaw

MAY 7, 2021

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. West Virginia v. 20-1530 (U.S.

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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. May 10, 2021).

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JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. Trimble ␣ 315 Mo.

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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.” filed June 5, 2017; emergency motion for stay granted July 3, 2017). DECISIONS AND SETTLEMENTS.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

West Virginia v. 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. The court dismissed the proceedings 11 days after the effective date of the U.S.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. 32; 285 S.W.

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ClimateChange-ClimateLaw

MARCH 6, 2018

West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies. A West Virginia state court notified counsel that it would dismiss the lawsuit brought by coal executive Robert E. Jacobson v. Clack , No. 2017 CA 006685 B (D.C. notice of dismissal and statement Feb.

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Court Government Laws Litigation 40

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. 32; 285 S.W.

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Tort Litigation Litigating Manufacturing 36

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. West Virginia v.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Murray Energy also moved in the federal district court for the Northern District of West Virginia to amend the order of dismissal with prejudice issued by the court on October 2, 2017.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Ergon-West Virginia, Inc. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. 19-2128 (4th Cir. Ninth Circuit Rejected Claim That CEQA Applied to Taxi Rules for Airport Pickups.

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