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Separation of powers

Native Village of Kivalina v. ExxonMobil Corp.

The Ninth Circuit affirmed a lower court decision dismissing an Eskimo village's nuisance claim against multiple oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies...

Chenoweth v. Clinton

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing...

Gordon v. Texas

The court holds that the political question doctrine does not bar a federal court from resolving landowners' suits alleging that a statemanaged fish pass significantly contributed to beach erosion on their property. The court first...

Mount Graham Coalition v. Thomas

The court holds that legislation applying the Arizona-Idaho Conservation Act exemption from Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) requirements to the construction of an observatory on a site in...

Northwest Forest Resource Council v. Pilchuck Audubon Soc'y

The court affirms a district court determination that §2001(k)(1) of the 1995 Rescissions Act is constitutional and does not violate separation of powers by permitting Congress to resurrect timber sales that federal courts have enjoined...