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Environmental Rights in State Constitutions

ClimateChange-ClimateLaw

However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States

ClimateChange-ClimateLaw

and global climate litigation movement. Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. climate litigation brought by cities and other subnational jurisdictions is still rare.

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

Court 40
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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. By Margaret Barry and Korey Silverman-Roati.

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State “Climate Superfund” Bills: What You Need to Know

ClimateChange-ClimateLaw

No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. In 2023, the Supreme Court of Hawaii held the opposite in City & County of Honolulu v. It is of note that the precedent concerns common law claims and courts may approach state statutes differently.

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