SCOTUSBlog

NOVEMBER 28, 2022

In the case at hand, Larry Wilkins and Jane Stanton complain about the use of a road that passes by their homes into the Bitterroot National Forest in Montana. Another possibility (presented here) is that the “jurisdictional” treatment of the bar would affect minor procedural details of the case.

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SCOTUSBlog

JUNE 6, 2022

United States , in which they will decide whether the 12-year statute of limitations to bring a lawsuit under the federal Quiet Title Act is jurisdictional – that is, it goes to the court’s power to hear the case and cannot be waived – or instead a “claims-processing rule,” a procedural rule that can be waived.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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SCOTUSBlog

OCTOBER 22, 2021

Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. Lamoureux v. Bethany Hospice and Palliative Care LLC.

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Attorney at Work

OCTOBER 11, 2022

About the Illinois Supreme Court Commission on Professionalism. The Illinois Supreme Court Commission on Professionalism was established by the Illinois Supreme Court in 2005 under Supreme Court Rule 799(c) to foster increased civility, professionalism and inclusiveness among lawyers and judges in Illinois.

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JURIST

DECEMBER 27, 2023

Burke dismissed the government’s motion without prejudice, noting that a stay may be appropriate if the Eleventh Circuit or Supreme Court take up these cases. This case had already made its way up to the Eleventh Circuit when the court ruled that the ban could go into effect.

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JURIST

NOVEMBER 1, 2022

On June 24, 2022, the Supreme Court ruled in Dobbs v. Some states, like Kentucky and Montana, have proposals that declare there is no constitutional right to abortions. Brooke Chmura is a 3L at Vermont Law and Graduate School. She’s covering state ballot measures before Vermont voters in the 2022 midterm elections. .

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JURIST

MAY 19, 2023

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

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SCOTUSBlog

AUGUST 12, 2022

The court held four years ago in Betterman v. Montana that the Constitution bars excessive sentencing delays, but under the due process clause of the 14th Amendment, not the Sixth. One month after he filed his petition, the court ruled in Ramos v. If convicted, do they also have the right to a speedy sentence?

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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.

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JURIST

JULY 6, 2022

In response, Arizona, Montana, and Ohio sued in the Southern District of Ohio to stop the implementation of the memo’s guidance. That court issued a nationwide preliminary injunction that blocked DHS from relying on the memo’s priorities and policies. .”

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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.

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HowAppealing

AUGUST 12, 2022

Independent Record has an article that begins, “The Montana Supreme Court on Friday upheld a district court ruling that struck down an attempt by Republicans in the Legislature to change the way the high court’s justices are elected.”

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Court Court Rules 100

SCOTUSBlog

JANUARY 14, 2022

Cooper’s activities in Georgia had no connection to McCall’s claims against Cooper, meaning that Georgia courts lacked “specific jurisdiction” over Cooper (the jurisdictional issue in last term’s Ford Motor Company v. Montana Eighth Judicial District Court ). These and other petitions of the week are below: Thacker v.

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v.

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JonathanTurley

OCTOBER 3, 2021

Ten years ago, the Supreme Court handed down the landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Since then, courts have rejected efforts to limit aspects of gun ownership from barring concealed weapons to restricting ammunition.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. In earlier litigation challenging the same mining plan modification, the court found procedural and substantive violations of the National Environmental Policy Act (NEPA). Mountain Coal Co. ,

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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.

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ClimateChange-ClimateLaw

MARCH 9, 2021

On March 1, the federal defendants filed their opposition to the motion to stay the mandate, arguing that the Supreme Court was unlikely to grant the petition, “much less reverse this Court’s judgment,” because the Ninth Circuit had applied settled precedent. The federal district court for the District of Montana denied the U.S.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The states said the Wyoming federal court should complete its review and do so on an expedited basis to prevent harm to the parties even though BLM published a proposal to revise and rescind certain requirements of the rule on February 22. New York City’s response to the 12(b)(1) and 12(b)(6) issues is due on March 30. appeal Feb.

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ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. And in the second case, Montana and Wyoming v. Transgender students and school bathrooms.

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JonathanTurley

MAY 24, 2021

In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. The government cited historical barriers for minority enterprises, but the court balked. The question is, when should preference be given over a common resource desperately needed by everyone?

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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”. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Montana Federal Court Allowed Some Coal Mining Activity to Take Place While Federal Agency Completed Required NEPA Review. The company said the injunction would “[i]n a matter of weeks … cause severe consequences to the mine and its employees, in an area of Montana that can ill-afford economic displacement.” CP18-5 (FERC Oct.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

The court also found that the plaintiff’s claim was “frivolous because there is no legal theory on which he can rely.” Montana Federal Court Agreed to Consider Keystone XL-Specific Documents and 2012 Biological Opinion in Challenge to Authorization Under Nationwide Permit. Williams , No. 19-cv-6855 (E.D.N.Y. 19-1818 (1st Cir.).

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SCOTUSBlog

JULY 21, 2022

The justices will hear the case in late November without waiting for a federal appeals court to weigh in. The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision.

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