SCOTUSBlog

JUNE 28, 2021

In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. And in the second case, Montana and Wyoming v.

Immigration 96

Immigration Court Government Education 96

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. The federal district court for the District of Montana found flaws in an updated environmental assessment for a mining plan modification that extended the life of the Spring Creek Mine, a surface coal mine in Montana.

Court Reporting 55

Court Reporting Court Construction Government 55

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. Renewable Fuels Association v.

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Bernhardt , No. 4:18-cv-05712 (N.D. Washington , No. 22O152 (U.S.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” 22O152 (U.S.

Court 45

Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.

Court Reporting 40

Court Reporting Court Government Construction 40

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.

Court 40

Court Attorney Technology Assisted Review Legal 40