News & Analysis as of

Political Question Doctrine

Beveridge & Diamond PC

Has the major questions doctrine had a major impact?

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Moore v. Harper

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

Freeman Law

Texas Supreme Court Addresses the Political Question Doctrine

Freeman Law on

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

(ACOEL) | American College of Environmental...

State Constitutions to the Rescue?

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

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

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

K&L Gates LLP

Court Of Chancery Applies Political Question Doctrine In Deferring To U.S. President’s Recognition Of Venezuelan President And...

K&L Gates LLP on

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

Akin Gump Strauss Hauer & Feld LLP

[Podcast] SCOTUS Wrapup and Preview 2019

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

Sherman & Howard L.L.C.

News Now: Opinions, Elections, And 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

Fox Rothschild LLP

U.S. Supreme Court Holds Political Gerrymandering Non-Justiciable

Fox Rothschild LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rucho v. Common Cause

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

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Address “Political Question’ Doctrine In Case Against Government Contractor

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

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

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

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

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

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Summer 2017

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

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Zivotofsky v. Kerry

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

King & Spalding

DISPUTE RESOLUTION: Tort Litigation: Global Warming Litigation Goes Cold

King & Spalding on

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

King & Spalding

DISPUTE RESOLUTION: Climate Change Litigation: Ninth Circuit Rejects Plaintiffs’ Claims for Damages for Alleged Climate...

King & Spalding on

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

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