The National Law Forum

The Blog of the The National Law Review

Category Archives: Litigation

New Supreme Court Ruling On EPA Authority Over Greenhouse Gases (GHGs) – Little Clarification on the 111(d) Regulations

Last week, the United States Supreme Court issued a significant decision in Utility Air Regulatory Group v. EPA, that substantially restricts the authority of the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions (GHGs) from stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V permitting programs. The Supreme Court’s decision …

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Due Process Requires Proper Service: Federal Rules of Civil Procedure

Among the Federal Rules of Civil Procedure is Rule 12(b)(5) which permits a defendant to file a motion to dismiss a case for insufficient service of process.  Most states have a similar rule for their own courts. This rule arises from Constitutional requirements of due process.  To commence a lawsuit and change the legal position …

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