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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Under EPCA, the U.S. Berkeley has not yet said whether it will appeal the Ninth Circuit’s ruling.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No. 80593-2-I (Wash.

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Is it Okay Now to Say There is a Thin Record on Jackson’s Judicial Philosophy?

JonathanTurley

That is curious because just a week ago, many of these same figures went ballistic when I noted that we have little evidence of a judicial philosophy in past decisions by Judge Jackson and it would be one of the key issues in her confirmation hearings. ’” ( 3:45 ) It is not clear if we can now take Jackson’s word on the subject.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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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High Court Gun Ruling Fuels Licensing Debate in States

The Crime Report

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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The ‘Pro-Life’ Pipeline to Prison

The Crime Report

Not surprisingly, Republican lawmakers rejected it, then awaited a Supreme Court decision that would make more women raise children in poverty. Mazie Hirono , a Democrat from Hawaii. That should come as no surprise. That’s what the Republicans do all the time,” observed Sen. Jonathan H.

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