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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). Respondent Reginald Kirtz secured a loan from a division of the United States Department of Agriculture and later sued the agency for money damages under the FCRA.

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SCOTUS Sides With Deaf Student in ADA Suit

Constitutional Law Reporter

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review

Constitutional Law Reporter

United States Railroad Retirement Board , 592 U. S. _ (2021), a divided U.S. Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. The system is administered by the U. Legal Background. Railroad Retirement Board (Board).

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Justices craft their own remedy for violation of Constitution’s appointments clause

SCOTUSBlog

The justices then ruled 7-2 that the remedy was one of the court’s own making — that the director of the U.S. The AIA also created a board of APJs — the Patent Trial and Appeal Board — empowered to issue final decisions on the validity of a challenged patent. On appeal, the U.S.

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With Two New Policy Statements, FERC Recommits to Ensuring Gas Infrastructure Projects Serve the Public Interest

ClimateChange-ClimateLaw

FERC has long taken the view, and the courts have confirmed, that it must consider “all factors bearing on the public interest” when making its determination. Image Source: Wikimedia Commons. The Federal Energy Regulatory Commission (FERC)—i.e., The Federal Energy Regulatory Commission (FERC)—i.e.,

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit Vacated Trump EPA’s Affordable Clean Energy Rule. Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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