The Crime Report
DECEMBER 16, 2022
These elaborate defense-in-depth constructions were not products of a careful design process. Barriers were generated on a case-by-case basis in judicial opinions —each more dubious than its predecessor—then normalized in practice and (sometimes) embodied in statutes and rules. .
At the Lectern
SEPTEMBER 2, 2021
concerning California’s whistleblower statute. Superior Court , where the Second District, Division Three, held in a published opinion that public entities are not subject to treble damages under Code of Civil Procedure section 340.1 (b)(1), The court agreed to hear People ex rel. Garcia-Brower v. Kolla’s Inc.
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JonathanTurley
SEPTEMBER 9, 2021
The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” compensatory damages and $300,000.00 punitive damages. 47 U.S.C. § 47 U.S.C. §
ClimateChange-ClimateLaw
DECEMBER 11, 2020
Army Corps of Engineer permits for construction of a portion of a proposed methanol refinery and export terminal in Washington (the Kalama Project). 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.
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.
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. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw. Sierra Club v.
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. The Minnesota Supreme Court adopted the U.S. Public Citizen , 541 U.S.
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