SCOTUSBlog

APRIL 23, 2021

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. However, the court held that Guam’s contribution action was barred by a three-year statute of limitations that ran from the date of the settlement.

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SCOTUSBlog

MAY 24, 2024

Finally, there is a lengthy list of particular models that fall within the scope of the statute, notably all “AK” weapons (modeled after the Russian AK-47) and all “AR” weapons (those modeled after the AR-15). The panel said that, “[u]sing the tools of history and tradition to which the Supreme Court directed us in [ District of Columbia v.

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SCOTUSBlog

NOVEMBER 2, 2021

Mark Brnovich is the attorney general of Arizona. “… the right of the people to keep and bear arms shall not be infringed.”. For this reason, any state statutes containing widespread prohibitions or overly burdensome regulations on the concealed carry of firearms must be immediately questioned. Citing District of Columbia v.

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SCOTUSBlog

APRIL 14, 2023

District Judge Thomas Rice issued an order in a lawsuit brought by 17 states with Democratic attorneys general, led by Washington, as well as the District of Columbia. On Thursday, Rice clarified that his injunction “must be followed” regardless of Kacsmaryk’s decision or the 5th Circuit’s ruling.

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Manufacturing Court Statute Contract 105

The Crime Report

JUNE 16, 2022

“You cannot claim self-defense against a danger you create,” said Assistant District Attorney Thomas Binger in his closing argument. “If All 50 states and the District of Columbia allow “initial aggressor” limitations on self-defense claims. The jury didn’t agree.

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SCOTUSBlog

MARCH 26, 2024

New York Attorney General Letitia James is also in the same front row of the public section. While universes seem to be colliding, James did file a “friend of the court” brief for New York and 22 other states (plus the District of Columbia) in this case, supporting the FDA.

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SCOTUSBlog

JANUARY 13, 2021

Court of Appeals for the District of Columbia Circuit granted Montgomery a stay of execution late on Monday night, saying she had raised an important and unsettled issue about the meaning of the FDPA. The statute does not apply to a state’s procedural rules on issues like scheduling the execution date, the government told the justices.

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SCOTUSBlog

NOVEMBER 2, 2021

Professors Robert Leider and Nelson Lund and the Buckeye Firearms Association write that the 1328 Statute of Northampton — a medieval English law that some gun-control advocates say reflects a centuries-long tradition of regulating weapon in public — merely prohibited carrying arms when doing so created public terror. Discriminatory Practice.

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Statute Laws Court Contract 111

SCOTUSBlog

OCTOBER 4, 2021

Instead, Monday’s orders focused primarily on turning down appeals, including on issues like voting representation for the residents of the District of Columbia and funding for the wall along the U.S. A three-judge district court ruled that D.C. border with Mexico. In Robertson v. Personalweb Technologies v.

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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § Courts of Appeals for the 6th, 10th, and District of Columbia Circuits that rejected challenges to the bump-stock regulation. Court of Appeals for the 5th Circuit. Another provision enacted in 1986, Section 922(o)(1), bars the possession or sale of any “machinegun.”

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Government Court Criminal Law Laws 122

JonathanTurley

FEBRUARY 9, 2024

Under Section 134-25 of the Hawaii Revised Statutes, “all firearms” must be “confined to the possessor’s place of business, residence, or sojourn.” ” Justice Eddins is referencing District of Columbia v. 22-caliber pistol in his “front waist band.” Heller , where the U.S.

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SCOTUSBlog

NOVEMBER 23, 2022

Earlier this month, he was elected as Kansas’ incoming attorney general.) Court of Appeals for the District of Columbia Circuit and other lower federal courts supporting that position. Acknowledging the limited resources to remove undocumented immigrants, Kobach advocated for policies that encouraged self-deportation.

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Immigration Court Laws Statute 90

SCOTUSBlog

APRIL 20, 2021

In setting aside $8 billion in relief for tribes, the 2020 CARES Act borrowed a definition from another statute, the Indian Self-Determination and Education Assistance Act of 1975. Court of Appeals for the District of Columbia Circuit sided with the federally recognized tribes, holding the definition did not include the corporations.

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SCOTUSBlog

JULY 2, 2021

After the Washington attorney general learned about Stutzman’s refusal, he sued her for violating the state’s antidiscrimination laws, as did Ingersoll and his husband. Stutzman declined, telling him she could not “be a part of his event” because of her “relationship with Jesus Christ.”

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ClimateChange-ClimateLaw

APRIL 9, 2021

Two federal district courts—in Minnesota and the District of Columbia—granted motions to remand cases brought by plaintiffs against the fossil fuel industry. The companies filed an emergency motion for a temporary stay of execution of the remand order on the same day (March 31) that the district court issued the order.

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The Crime Report

DECEMBER 1, 2022

Today, 44 states and the District of Columbia have laws aiming to protect fetal development from drugs or alcohol. Its legal proceedings take place out of public view, under seal, with a low standard of evidence and often a court-appointed attorney for the fetus — but none for the person gestating it. She lacked an attorney. “It

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Laws Attorney Court Legal 126

JonathanTurley

JUNE 30, 2021

Kevin Steele, the Montgomery County district attorney who convicted Cosby, issued a statement that was embarrassing in its evasion of responsibility. Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. However, recently Gov.

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Tort Depositions Laws Court 44

JonathanTurley

MARCH 31, 2021

attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. The 40-page lawsuit was written by D.C. Code § 22-1322 – Incitement to Riot).

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. Biden , No. 19-35460 (9th Cir. City of New York v. Exxon Mobil Corp. ,

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SCOTUSBlog

JANUARY 20, 2022

The district court and U.S. Court of Appeals for the District of Columbia Circuit rejected these claims on the ground that the Constitution’s speech-or-debate clause prohibits judicial review of legislative actions such as voting. House Minority Leader Kevin McCarthy, R-Calif., Next up is Texas v. Holcombe v. Florida , 21-53.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. District of Columbia v. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.

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Cause of Action Court Government Litigation 96

JonathanTurley

JUNE 17, 2022

After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., Tribe further predicted that Attorney General Merrick Garland would criminally charge Donald Trump. Those are plenty to start with.”. Rudy Giuliani and U.S. ” . .”

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Mens Rea Law School Laws Felony 41

SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. Virginia , the court did find the statute unconstitutional. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. 29, 1941 – Nov.

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SCOTUSBlog

JANUARY 26, 2022

attorney in Los Angeles and a second summer as a summer associate at Munger, Tolles & Olson. Court of Appeals for the District of Columbia Circuit from 2002 to 2003. The commission’s members included Kamala Harris, then the state’s attorney general and now the vice president of the United States. United States.

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Court Laws Lawyer Lawyers 110

SCOTUSBlog

NOVEMBER 30, 2021

To the contrary, in the year it was ratified (1868), thirty of thirty-seven states explicitly criminalized abortion by statute.” According to the group, the court wrongly concluded in Roe that the 19th-century statutes had been enacted to protect women from dangerous operations, rather than to protect fetuses.

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Stare Decisis Court Laws Legal 134

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. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” State of Washington Environmental and Land Use Hearings Office , No. 47641-0-II (Wash. June 20, 2017).

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia ruled that the U.S. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. FEATURED CASE. Bernhardt , No. 4:16-cv-00615 (N.D.

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Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court said the writer had already availed himself of the remedy offered by D.C.’s

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

AUGUST 4, 2021

The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act. holding that the scope of appellate review of remand orders extended beyond review of removal based on the federal-officer removal statute.

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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. City of Hoboken v. Exxon Mobil Corp. ,

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Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Vermont Court Said Former Attorney General Could Be Deposed on Use of Private Email Account. Attorney General of Vermont , No. Resolute Forest Products, Inc. Jacobson v.

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The Crime Report

SEPTEMBER 21, 2021

Court of Appeals for the District of Columbia Circuit. When Attorney General Janet Reno and I and others first started this work, there was very little discussion about reentry. Throughout his career, Travis has worked closely with a broad range of luminaries, including New York City Mayor Edward Koch, Sen.

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Government Court Laws Legal 144

ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the District of Columbia concluded that it lacked jurisdiction to consider an action challenging President Trump’s Executive Order on “Reducing Regulation and Controlling Regulatory Costs” because the plaintiffs had failed to establish that they had standing to sue.

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