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Constitutional Law

Juliana v. United States

A district court adopted a magistrate judge's recommendations and denied motions to dismiss a lawsuit brought by a group of young people against the U.S....

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

Freeman v. United States Department of Interior

The D.C. Circuit, in an unpublished opinion, upheld an Interior Board of Land Appeals (IBLA) decision invalidating an individual's mining claims on federal land in Oregon. DOI made those determinations so that the U.S. Court of Federal...

Juliana v. United States

A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the...

Western Watersheds Project v. Michael

A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015. Under the statutes—one imposing criminal liability and the other...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor...

Foster v. United States Environmental Protection Agency

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the...

New York v. General Electric Co.

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the...

American Fuel & Petrochemical Manufacturers v. O'Keeffe

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was...

Marilley v. Bonham

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-...

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