SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law.

Statute 105

Statute Court Court Rules Litigation 105

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. BLM approved these leases prior to the court’s decision in March 2019 (also noted in the Feature Case, above) finding that BLM’s analysis of the climate change impacts of certain other oil and gas leases in Wyoming was insufficient.

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Court Government Litigation Litigating 56

JURIST

MARCH 26, 2021

” Wyoming filed a separate complaint in the federal District Court for its own state. ” Wyoming also alleges that the Department of the Interior implemented a “clever scheme … to shroud” its actions “from both the public view and judicial review.”

Statute 152

Statute Government Court Legal 152

ClimateChange-ClimateLaw

MARCH 6, 2018

California Federal Court Barred BLM from Enforcing Delay of Oil and Natural Gas Waste Prevention Rule; States, Trade Groups Asked Wyoming Court to Expedite Review of Rule and Suspend Deadlines. The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending.

Court 40

Court Government Laws Litigation 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Wyoming Federal Court Vacated 2016 Waste Prevention Rule. The federal district court for the District of Wyoming vacated the bulk of the Waste Prevention Rule promulgated during the Obama administration, holding that the U.S. After that court vacated the repeal in July 2020, the Wyoming federal court lifted the stay.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

APRIL 25, 2024

The Problem of Methane Leaks from Federally Managed Lands BLM administers an oil and gas leasing program on public lands under a variety of statutes, including the Mineral Leasing Act (“MLA”), the Federal Land Policy and Management Act, and the Indian Mineral Development Act. While Wyoming v. DOI , 493 F. 3d 1046 (D.

Statute 60

Statute Government Litigation Litigating 60

ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. Parties Voluntarily Dismissed Appeals of Federal Court Decision Requiring More Climate Change Analysis for Wyoming Oil and Gas Leases. Federal Court Allowed Trade Group and Wyoming to Intervene in Challenge to Oil and Gas Leases.

Court 40

Court Government Construction Litigation 40

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. On October 8, the District of Wyoming vacated the 2016 rule, with judgment entered on October 23.

Cause of Action 96

Cause of Action Court Government Litigation 96

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. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.

Court Reporting 56

Court Reporting Court Construction Government 56

ClimateChange-ClimateLaw

JANUARY 13, 2021

Zinke , where the court held that BLM failed to adequately analyze greenhouse gas emissions and climate change impacts of oil and gas leases in Wyoming. 1442, or the civil-rights removal statute, 28 U.S.C. The plaintiffs alleged that BLM recognized, based on WildEarth Guardians v.

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Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JULY 2, 2021

After the Louisiana federal court issued the nationwide injunction, the federal district court for the District of Wyoming issued a sua sponte order in a separate case challenging the pause on new onshore leasing. On June 30, the Wyoming federal court denied the motions without prejudice, finding that they were “materially moot.”

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Court Litigation Litigating Statute 46

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 103

Immigration Court Government Work From Home 103

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. Conservation Congress v. May 17, 2021).

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Court Statute Government Litigation 43

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.

Statute 103

Statute Court Legal Legal 103

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.

Court Reporting 40

Court Reporting Court Government Construction 40

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. Chevron Corp.

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Court Litigation Litigating Construction 60

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. Wyoming Asked to Intervene to Defend Delisting of Yellowstone Grizzlies. The court granted the company leave to amend its complaint with 21 days. Resolute Forest Products, Inc.

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Court Attorney Technology Assisted Review Legal 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.

Court 40

Court Litigation Litigating Government 40

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. 24, 2021); Wyoming v. Louisiana v. Biden , No. 2:21-cv-00778 (W.D. Department of Interior , No. 0:21-cv-00056 (D.

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Court Statute Litigation Litigating 117