Law 360
JUNE 22, 2023
Federal prosecutors have told a Massachusetts federal court that a Russian national convicted of orchestrating a $90 million hack-and-trade scheme can't use a recent U.S. Supreme Court decision to show that his case should have been brought in a different venue.
SCOTUSBlog
MAY 28, 2021
Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive. Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law.
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ClimateChange-ClimateLaw
JULY 6, 2017
The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects.
ClimateChange-ClimateLaw
OCTOBER 7, 2019
Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. The Minnesota Supreme Court denied petitions for further review of an appellate court decision finding all but one aspect of the environmental review for the Enbridge Line 3 oil pipeline project to be adequate.
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Northern Plains Resource Council v. Army Corps of Engineers , No.
ClimateChange-ClimateLaw
AUGUST 4, 2021
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The district court had granted Exxon’s motion to stay the case under the doctrine of primary jurisdiction to allow the U.S.
ClimateChange-ClimateLaw
JUNE 8, 2021
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. They seek a court decision setting aside government approvals of the power plant.
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