For those doubting the project of originalism, the Birthright opinion is heavy on it.
Heavy as in "Neither the universal injunction nor any analogous form of relief was available in the High Court of Chancery in England at the time of the founding."
Expect to see FedSoc at Butterworth's tonight.
27.06.2025 15:39 β π 0 π 0 π¬ 0 π 0
The Court leaves open the door that a lower court could provide injunctive relief to a state plaintiff by blocking the implementation of an EO for all people within that state, but does not directly opine on the question. Lower courts are almost certainly going to vary in how they interpret this.
27.06.2025 15:29 β π 2 π 0 π¬ 0 π 0
The Court identifies class actions as the appropriate way to get large-scale injunctive relief. Class actions designate parties other than the named plaintiffs as parties to a case. These are going to be more labor intensive, and require more plaintiffs to step up, than was the case before today.
27.06.2025 15:28 β π 2 π 0 π¬ 1 π 0
The Court effectively says that injunctive relief can, for the most part, apply only to the people who have asked for it. For example, if someone sued to reinstate their own funding, the Court might reason that it would not bring that plaintiff further relief to have an injunction apply to others.
27.06.2025 15:24 β π 2 π 0 π¬ 1 π 1
Woonasquatucket River Watershed Council v. U.S. Department of Agriculture - Climate Change Litigation
... and the Woonasquatucket injunction covering non-individualized funding terminations from 5 federal agencies. climatecasechart.com/case/woonasq...
27.06.2025 15:23 β π 0 π 0 π¬ 1 π 0
Live Updates: Supreme Court Limits Nationwide Injunctions in Birthright Citizenship Case
This morning, the Supreme Court significantly impaired the ability of federal judges to use nationwide or "universal" injunctions. The case at issue relates to birthright citizenship, but the implications run far broader, including for climate/federal funding cases. π§΅
www.nytimes.com/live/2025/06...
27.06.2025 15:19 β π 17 π 10 π¬ 2 π 0
The New York State Court of Appeals - the state's highest court - has UPHELD Local Law 97! The Court has ruled that the NYS CLCPA does not field preempt local law. This is a huge win for the City and for local building performance standards everywhere.
www.nycourts.gov/ctapps/Decis...
22.05.2025 14:54 β π 3 π 1 π¬ 0 π 0
This is the first in a series of 100 days blog posts from the Sabin Center. Bookmark for much more in the coming days!
28.04.2025 18:53 β π 3 π 0 π¬ 0 π 0
Panel 2 kept the party going with our very own Brennon Mendez moderating an interesting discussion on Indirect Source Rules and ZEV-only zones with Earthjusticeβs @lasmogguy.bsky.social, CARBβs Jessi Hafer, and Columbia Lawβs Amy Turner!
09.04.2025 21:13 β π 4 π 1 π¬ 0 π 0
Beautiful morning in Wisconsin - thunderstorms (which I love) and a Crawford/Underly victory (which I love even more).
02.04.2025 13:30 β π 6 π 0 π¬ 0 π 0
I was so honored to join @c40cities.bsky.social superstars David Miller and my longtime collaborator @kljohnson7.bsky.social to discuss WTF is happening with for climate-ambitious cities in Washington. Please listen if you're interested - it's on the major podcast platforms! lnk.to/Cities1.5_S5E4
02.04.2025 13:21 β π 4 π 1 π¬ 0 π 0
Second piece of good news coming from the courts this week on building electrification!
22.03.2025 13:29 β π 19 π 4 π¬ 0 π 0
WAβs natural gas initiative unconstitutional, King County judge rules
Washington voters in November narrowly approved I-2066 to protect access to natural gas. Here's what to know about a judge's ruling on its constitutionality.
Some good news out of Washington state β the misleading ballot initiative I-2066, which would protect access to natural gas and weaken state building codes and that squeaked by last November β has been ruled unconstitutional! ππ‘ www.seattletimes.com/seattle-news...
22.03.2025 13:09 β π 14 π 3 π¬ 0 π 1
E&E News: NYC gas ban upheld in federal court
A federal judge dismissed a challenge to New York Cityβs local ban on fossil fuel appliances in new buildings.
Earlier this week, the SDNY upheld NYC's Local Law 154, which prevents new buildings from using natural gas. I spoke to EnergyWire about the win, which βbolsters the case that these policies are legally defensible."
subscriber.politicopro.com/article/eene...
21.03.2025 16:07 β π 3 π 0 π¬ 0 π 0
New day, new preliminary injunction.
What I will note is that this PI applies only to "categorical pause[s]" on funding to the plaintiff states. If I were the admin, I'd walk away pretty happy with this. They won't, of course, but it's not a hugely broad stroke. thehill.com/regulation/c...
06.03.2025 15:02 β π 4 π 2 π¬ 0 π 0
JUST IN: The 1st Circuit Court of appeals has *denied* the Trump administration's emergency motion to block a court order that ordered agencies to lift their spending freeze.
11.02.2025 22:12 β π 5307 π 1115 π¬ 79 π 59
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