Constitutional Law Reporter

APRIL 8, 2021

Sierra Club, 592 U. S. _ (2021) , the U.S. Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.

Drafting 52

Drafting Court Constitutional Law Attorney 52

ClimateChange-ClimateLaw

JUNE 8, 2021

In addition, the Court cited its decision in Yamaha Motor Corp., Calhoun , 516 U. The Court found that Yamaha resolved any doubts about Section 1447(d)’s interpretation with its holding that appellate courts could address any questions contained in a district court order certified for appeal. Chevron Corp. 20-884 (U.S.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The court stated that “[u]nfortunately, the Court does not see what harm a preliminary injunction could prevent now that excavation in [the expansion area] has been ongoing since at least May 2020 and coal extraction since August 2020.” Army Corps of Engineers permits for the pipeline project. Army Corps of Engineers , No.

Court Reporting 55

Court Reporting Court Construction Government 55