Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

Administrative Law 75

Administrative Law Court Court Decisions Litigation 75

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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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ClimateChange-ClimateLaw

JULY 6, 2017

DECISIONS AND SETTLEMENTS. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. Austria’s Constitutional Court Reversed Lower Court Decision That Held Up Airport Expansion Based on Climate Change Concerns.

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Court Litigation Litigating Attorney 40

Constitutional Law Reporter

JULY 25, 2023

According to the Court’s conservative majority, the First Amendment prohibits the state of Colorado from forcing Smith to create expressive designs speaking messages with which she disagrees. In reaching its decision, the Court relied heavily on First Amendment precedent established in Boy Scouts of America v. Dale , 530 U.S.

Court 52

Court Government Constitutional Law Statute 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

In its November 17 opinion, the Fourth Circuit found that on remand from the 2018 decision EPA had addressed most of the deficiencies but that supplemental materials from another case called into question EPA assertions about the criteria the Department of Energy and EPA used to support denial. Ergon-West Virginia, Inc.

Court 54

Court Government Litigation Litigating 54

FDA Law Blog

SEPTEMBER 24, 2023

This decision from three Democrat-appointed judges can be seen as a traditional pullback of a procedurally deficient agency rule. But there may be more for us to learn from this decision. Given a looming threat to agency deference, as seen in the Supreme Court decision in West Virginia v.

Manufacturing 59

Manufacturing Court Court Decisions 59

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court dismissed the proceedings 11 days after the effective date of the U.S. West Virginia v. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act. 15-1363 et al. 97182-0 (Wash. 4, 2019).

Court 40

Court Government Statute Tort 40

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). West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies.

Court 40

Court Government Laws Litigation 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The Ninth Circuit said the new issuance of NWP 12 rendered the appeals moot and ordered the district court to dismiss the underlying claim. 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. West Virginia v.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MAY 7, 2021

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. West Virginia v. DECISIONS AND SETTLEMENTS. EPA’s response to the petitions is due June 3, 2021. 20-1530 (U.S. 20-1531 (U.S. 21-cv-971 (D.D.C.,

Court 40

Court Government Construction Litigation 40

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. West Virginia v. Justice Alito did not take part in the case. 20-1530 (U.S.).

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Court Statute Government Litigation 42

JURIST

DECEMBER 28, 2023

” Also on Wednesday, the Michigan Supreme Court ruled that it would not block Trump from appearing on its 2024 primary ballot. Last week, a West Virginia district court also dismissed a lawsuit seeking to ban Trump from the next primary ballot. I sat and watched January 6 all day long, and I cried.”

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Court Court Rules Attorney Court Decisions 138