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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

Brazil: When a court accepts the legally disruptive nature of climate change. On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The court found that IEA v.

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Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity

Constitutional Law Reporter

The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order. Five circuit courts of appeal, after considering all aspects of the remand orders, affirmed lower court decisions that the cases should be sent down to state court.

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Challenge to New York’s Participation in RGGI Dismissed

ClimateChange-ClimateLaw

The complaint asserted four causes of action relating to the legality of New York’s participation in RGGI. The fourth cause of action raised the question of whether RGGI violates the Compact Clause as a multistate contract not authorized by Congress. The complete court decision is available here.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. 2021 Federal Court Decision .

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Can you sue the police for Miranda violations? Court will wrestle with rules, rights, and remedies for wrongs.

SCOTUSBlog

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. But, in addition to its in-trial effects, Miranda also operates pre-statement and out-of-court. Share Miranda v. And though Miranda is not constitutionalized, it is a constitutional rule. 5) What about the costs?

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” Federal Court in Washington Upheld Forest Restoration Plan. EPA’s brief is due December 15. Williams , No.

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