Search Results for: US Court Appeals for Tenth Circuit

The US Court of Appeals for the Tenth Circuit on Monday ordered the Environmental Protection Agency (EPA) to review the biofuel waivers it granted to three oil refineries. The waivers exempt small oil refineries from complying with an amendment to the Clean Air Act passed by Congress in the early 2000s. The amendments require crude [...]

The US Court of Appeals for the Tenth Circuit upheld on Tuesday the validity of the Patient Protection and Affordable Care Act’s (“ACA”) risk adjustment program, reversing a lower court’s decision. As a part of the ACA’s enactment, Congress authorized the Department of Health and Human Services (“HHS”) to design and implement this risk adjustment [...]

The US Supreme Court on Wednesday added five new cases to be heard this spring. The consolidated cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel cover the breadth of the “ministerial exemption” doctrine, which was created by the court and deals with employee hiring practices regarding church ministers. These cases [...]

The US Supreme Court heard arguments Tuesday in cases concerning how courts should determine the ownership of tax refunds paid to affiliated corporate groups and whether federal law preempts state law claims for the cleanup of hazardous waste beyond what the US Department of Environmental Protection (EPA) has ordered. The first case, Rodriguez v. FDIC, [...]

The Tenth Circuit Court of Appeals ruled on Tuesday that the Greenwood Village Police Department acted lawfully when they destroyed Leo Lech’s home. The police pursued a suspected criminal, Robert Seacat, to Lech’s house, where they entered into a 19-hour standoff with the police that left the home uninhabitable. The police used increasingly aggressive tactics [...]

Three 2016 electors from Washington state petitioned the US Supreme Court on Monday to decide whether the state has the power to enforce how an elector casts their ballot and to fine that elector for voting with discretion. In re Guerra is being appealed from the Supreme Court of Washington, which upheld $1,000 fines on [...]

The US Court of Appeals for the Tenth Circuit held Friday that the protections under the Fair Labor Standards Act (FLSA) apply to “all workers,” including those work in the marijuana industry. This case arose when a former employee sued Helix TCS, a company that provides security services for businesses in Colorado’s state sanctioned marijuana [...]

The US Court of Appeals for the Tenth Circuit held Wednesday that the State of Colorado violated the rights of a presidential elector who refused to vote for Hillary Clinton, who had won the state. Michael Baca, the Presidential Elector, was removed by Colorado Secretary of State Wayne Williams when Baca refused to vote for [...]

The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States on Thursday denied petitions for review of misconduct complaints against former DC Circuit Judge and current US Supreme Court Justice Brett Kavanaugh. The dismissed complaints alleged that Kavanaugh displayed bias and hostility during his 2018 Supreme Court confirmation hearings. The [...]

The US Court of Appeals for the Sixth Circuit on Wednesday dismissed Tennessee’s suit against the federal government over financing refugee resettlement within the state. Tennessee contended that the federal government should foot the bill on all costs associated with refugee resettlement. In passing these expenses on to the states, Tennessee argued, the federal government [...]