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First Amendment questions and California arbitration battles

SCOTUSBlog

Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S.

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Northern Plains Resource Council v. Haaland , No.