SCOTUSBlog
APRIL 16, 2021
Share Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims in Alaska — “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act? On Monday, the Supreme Court will hear argument on that question in Yellen v.
ClimateChange-ClimateLaw
APRIL 18, 2023
In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Under EPCA, the U.S. Berkeley has not yet said whether it will appeal the Ninth Circuit’s ruling.
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ClimateChange-ClimateLaw
DECEMBER 11, 2020
A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal. Alaska, filed Nov.
ClimateChange-ClimateLaw
JANUARY 13, 2021
The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Alaska, filed Dec.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Alaska, filed Sept. 19-1189 (U.S.
ClimateChange-ClimateLaw
MARCH 6, 2018
DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). Alaska Oil & Gas Association v. Louisiana Federal Court Halted Work on Crude Oil Pipeline in Swamp Area.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
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. The court therefore vacated the U.S.
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