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. Mankowski : The location of global certificates – New world greets old world.

Contract 52

Contract Procedural Law Court Laws 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia upheld the National Oceanic and Atmospheric Administration’s (NOAA’s) redaction of certain communications between a NOAA climate scientist and the director of the White House Office of Science and Technology Policy (OSTP) from January 20, 2009, through January 20, 2017.

Court 55

Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.

Litigation 40

Litigation Litigating Attorney Court 40

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.

Court 72

Court Government Compensatory Damages Litigation 72

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. Justice Alito did not take part in the case. Sierra Club v. Army Corps of Engineers , No.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

MAY 7, 2021

The coal company’s petition presented the question of whether Section 111(d) “grants the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems like cap-and-trade regimes.” DECISIONS AND SETTLEMENTS.

Court 40

Court Government Construction Litigation 40