Law 360

JANUARY 16, 2024

A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.

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Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The District Court granted Cooley’s motion to suppress the drug evidence.

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The Crime Report

JUNE 2, 2021

Supreme Court, allowing tribal police the ability to detain non-Indian suspects. Previously, the Supreme Court held that tribal police had little authority over non-Indians, reports AP News. Explaining the decision, Supreme Court Justice Stephen Breyer cited a precedent from a 1981 case, Montana v.

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JURIST

DECEMBER 27, 2023

US District Judge Liles Burke rejected a request from the US government to stay the case while appeals courts determine the appropriate standard of review for state bans on gender-affirming care for transgender youth, which is a central issue to the case before Burke.

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SCOTUSBlog

JULY 21, 2022

Share The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices will hear the case in late November without waiting for a federal appeals court to weigh in. In a filing by U.S.

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SCOTUSBlog

AUGUST 12, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. 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. The justices agreed.

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SCOTUSBlog

JANUARY 14, 2022

District Court for the Southern District of New York rejected the states’ claims, ruling that the negative economic effects of the $10,000 cap were not so severe as to impermissibly coerce the states into changing their policies. The district court also ruled that a flat dollar cap on the deduction was not unlawful.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. Share Wednesday’s argument in Wilkins v.

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JonathanTurley

OCTOBER 3, 2021

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written.

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JonathanTurley

MAY 24, 2021

So a ruling by a federal district court in Texas this week was particularly jarring: Judge Reed O’Connor found that the Biden administration engaged in systemic gender and race discrimination to implement COVID-19 relief for American restaurants. The government cited historical barriers for minority enterprises, but the court balked.

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JURIST

NOVEMBER 1, 2022

On June 24, 2022, the Supreme Court ruled in Dobbs v. Supreme Court Justice Brandeis wrote in 1932 “[i]t is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

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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

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

JUNE 28, 2021

Share The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. Court of Appeals for the 4th Circuit had relied in ordering the school board to allow Grimm to use the boys’ restroom. citizen to receive a benefit under state law.

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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. In another Fourth Amendment case, Tuggle v. In the decision below, the U.S. Lamoureux v.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Hawai‘i Federal Court Sent Honolulu’s and Maui’s Climate Cases Back to State Court; Fossil Fuel Companies Appealed. The federal district court for the District of Hawai‘i remanded cases brought by the City and County of Honolulu and the County of Maui seeking to hold fossil fuel companies liable for climate change-related damages.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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Attorney at Work

OCTOBER 11, 2022

The ‘Reasonable Test’ Remains Universal Resources About the Illinois Supreme Court Commission on Professionalism. About the Illinois Supreme Court Commission on Professionalism. Table of contents What Are Lawyer Flat Fees? The Reasonableness of a Fee When Are Legal Fees Earned? Are Fees Refundable? What Are Lawyer Flat Fees?

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Third, the court found that BLM used internally inconsistent emission rates. In 2018, the court vacated EPA’s earlier denial of the request.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. 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 court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. It demands to be governed by as universal a rule of apportioning responsibility as is available.” FEATURED CASE. ExxonMobil Corp.

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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”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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