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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

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This Week in Regulation for Broadcasters:  March 19, 2022 to March 25, 2022

Broadcast Law Blog

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. The FCC itself will not routinely assess contract claims, leaving those determinations to state courts.

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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently O

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. HowToUseGuidance.pdf.

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‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

ClimateChange-ClimateLaw

The ‘ Acción de Cumplimiento ’ The ‘ Acción de Cumplimiento ’ is a unique legal mechanism enshrined in Article 87 of the Colombian Constitution and further developed by Law 393 of 1997. Anyone can file this type of lawsuit challenging both public and private parties if there is a clear obligation or duty in a law or administrative act.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

The case also raises important issues associated with our ever-more-powerful administrative state. Although US courts are empowered by equity to counteract fraud on the system, administrative agencies are typically much more limited in their actions. ” On this point, the court distinguished the case of Torres v.

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