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June 2021 Updates to the Climate Case Charts

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Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Justice Alito did not take part in the case. Sierra Club v. Army Corps of Engineers , No.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.

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