Since its formal announcement as a constitutional “doctrine” in West Virginia v. EPA, administrative and environmental law practitioners have speculated that the major questions doctrine (MQD) would mark a major shift in how...more
On June 27, 2023, the Supreme Court of the United States decided Moore v. Harper, No. 21–1271, holding that the Elections Clause of the United States Constitution does not preclude state courts from reviewing state...more
Texas Supreme Court Addresses the Political Question Doctrine - “[T]he Texas Constitution expressly enshrines the separation of powers as a fundamental principle of limited government. Accordingly, under our own...more
The constitutions of more than three-quarters of the countries on earth have explicit reference to environmental rights or responsibilities. In the last several years courts in the Netherlands, Germany, France, Australia,...more
Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020). They illustrate sharply contrasting views about the role of...more
In Jiménez v. Palacios et al., C.A. No. 2019-0490-KSJM (Del. Ch. Aug. 2, 2019), the Delaware Court of Chancery accepted as binding the U.S. President’s recognition of a foreign government and upheld the validity of that...more
In our second annual SCOTUS review, Akin Gump Supreme Court and appellate practice co-head Pratik Shah analyzes the Court’s previous Term and previews the new Term. Among the topics covered: • SCOTUS decisions on census...more
Happy Fourth of July! Now that summer is officially upon us, here are your public-law highlights: SCOTUS term ends. The US Supreme Court closed out its term last week, handing down two significant opinions on the last...more
Late last week, the Supreme Court issued a ruling in two cases concerning the constitutionality of political gerrymandering: Rucho v. Common Cause, a case arising out of North Carolina, and Lamone v. Benisek, arising out of...more
On June 27, 2019, the U.S. Supreme Court decided Rucho v. Common Cause, No. 18-422, holding that claims of partisan gerrymandering present nonjusticiable political questions that cannot be resolved by the federal courts under...more
On June 20, 2018, the U.S. Court of Appeals for the Fourth Circuit decided the case of In re: KBR, Inc. Burn Pit Litigation, affirming the ruling of the U.S. District Court for the District of Maryland that the “political...more
For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more
As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more
Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more
Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more
On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more
Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more
In Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. Sep. 21, 2012), a panel of the Ninth Circuit unanimously affirmed the dismissal of an action brought by plaintiffs who sought $400 million in damages...more