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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SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. Montana Eighth Judicial District Court ). In Cooper Tire & Rubber Company v. 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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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). WildEarth Guardians v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Northern Plains Resource Council v.

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ClimateChange-ClimateLaw

MARCH 9, 2021

With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. The federal district court for the District of Montana denied the U.S.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Sierra Club v.

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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.

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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. corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all.

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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

If the renewal license was an order, the First Circuit asked the state court to address whether the CCA expressly preempted the ordinance challenged in this case. The court also found that the plaintiff’s claim was “frivolous because there is no legal theory on which he can rely.” Williams , No. 19-cv-6855 (E.D.N.Y. City of Oakland v.

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