Constitutional Law Reporter
MAY 1, 2023
Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court.
Constitutional Law Reporter
AUGUST 28, 2023
The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. Supreme Court’s Decision The Supreme Court reversed. According to the Court, those decisions did not overrule the precedent established in Pennsylvania Fire Ins. of Philadelphia v.
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ClimateChange-ClimateLaw
APRIL 18, 2023
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.
ClimateChange-ClimateLaw
JULY 6, 2017
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. ADDITION TO THE NON-U.S.
ClimateChange-ClimateLaw
DECEMBER 11, 2020
The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.
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
JANUARY 13, 2021
Federal Court Rejected Claims that Climate Change-Related Developments Necessitated Supplemental NEPA Review for Forest Plan and Projects. The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. 1442, or the civil-rights removal statute, 28 U.S.C. 4:20-cv-00115 (D.
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