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

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

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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JonathanTurley

JUNE 20, 2022

Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. That is legitimately concerning and chilling language. In Brandenburg v.

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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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JonathanTurley

DECEMBER 28, 2021

The United States Court of Appeals for the Ninth Circuit has handed down a significant ruling on the exception to the First Amendment for criminal threats. The court reversed the decision of District Court Judge Charles Breyer, who rejected the charges against Howard Weiss who threatened Senate Minority Leader Mitch McConnell.

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JonathanTurley

MARCH 23, 2024

University of Rhode Island professor Erik Loomis defended the murder of a conservative protester and said he saw “nothing wrong” with such acts of violence. It has lost major court rulings due to its unconstitutional treatment of conservative speakers.

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