Conflict of Laws
JULY 5, 2021
Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. The long-awaited U.S. Wurmnest: International Jurisdiction in Abuse of Dominance Cases.
ClimateChange-ClimateLaw
JULY 6, 2017
The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. Supreme Court determined was preempted in Hughes v. Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.
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ClimateChange-ClimateLaw
OCTOBER 20, 2020
Montana Supreme Court Affirmed that Public Service Commission Improperly Rewrote Terms of Solar Project PPA, Including by Eliminating Carbon Adder. The district court held, among other things, that elimination of the carbon adder was arbitrary and capricious and directed the PSC to assign a price for carbon. 4:19-cv-00362 (E.D.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
The Ninth Circuit declined, however, to take a position on whether the underlying cases were moot in their entirety and also declined to vacate any district court decisions. The federal district court for the District of Montana is to consider these issues on remand. Northern Plains Resource Council v. 20-35412 (9th Cir.
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). Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims.
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