Tag Archives: 9th U.S. Circuit Court of Appeals

Timber companies can’t log former Elliott State Forest parcel, appeals court affirms

Environmental groups celebrated the decision, calling it a win for protecting vulnerable species on private land. A federal appeals court has sided with environmental groups over logging private land that was once part of the Elliott State Forest. The Ninth Circuit Court of Appeals on Wednesday affirmed a 2022 district court ruling that logging mature […]
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Federal appeals court takes up water rights in Klamath Basin

Question before the court: Does species protection override state water regulation? Irrigators are asking a federal appeals court to rule that Endangered Species Act enforcement doesn’t trump state water right regulation in the Klamath Basin. The 9th U.S. Circuit Court of Appeals must decide whether federal species protections preempt an order issued by Oregon water […]
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9th Circuit weighs Endangered Species Act pre-emption of Klamath water rights

Irrigators are asking a federal appeals court to rule that Endangered Species Act enforcement doesn’t trump state water rights regulation in Oregon’s Klamath Basin. The 9th U.S. Circuit Court of Appeals must decide whether federal species protections pre-empt an order issued by Oregon water regulators meant to protect irrigation storage in Upper Klamath Lake. Source: […]
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9th Circuit hears Oregon State student challenge of full tuition for remote classes during pandemic

A federal appellate court in Portland heard arguments Monday in a case filed by two Oregon State University students who allege the school breached their contract by moving classes online during the COVID-19 pandemic yet still charged full tuition. U.S. District Judge Marco A. Hernandez threw out the case, finding the governor’s stay-at-home executive orders […]
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Oregon defendants without a lawyer must be released from jail, US appeals court says

A federal appeals court on Friday upheld a ruling that Oregon defendants must be released from jail after seven days if they don’t have a defense attorney. In its decision, the 9th U.S. Circuit Court of Appeals called Oregon’s public defense system a “Sixth Amendment nightmare,” OPB reported, referring to the part of the U.S. […]
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Appellate court affirms ruling, releasing defendants from jail who don’t get public defender

The Ninth Circuit Court of Appeals roasted Oregon’s failing public defense system in an opinion Friday, siding with a federal judge who previously ruled that defendants held in jail for more than seven days without an attorney must be released from custody. In a 2-1 decision, the appeals court called Oregon’s public defense system a […]
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Oregon activists lose climate change ruling at 9th Circuit appeals court

A federal appeals court panel on Wednesday rejected a long-running lawsuit brought by young Oregon-based climate activists who argued that the U.S. government’s role in climate change violated their constitutional rights. The 9th U.S. Circuit Court of Appeals previously ordered the case dismissed in 2020, saying that the job of determining the nation’s climate policies should fall […]
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Appeals court rejects climate change lawsuit by young Oregon activists against US government

The 9th U.S. Circuit Court of Appeals previously ordered the case dismissed in 2020, saying that the job of determining the nation’s climate policies should fall to politicians, not judges. Source: Appeals court rejects climate change lawsuit by young Oregon activists against US government

Legacy Health, BOLI settle dispute over nurses’ breaks after 6 years

The Oregon Bureau of Labor and Industries has settled with Legacy Health over complaints related to rest and meal breaks for nurses. BOLI and the nonprofit hospital system have been fighting over the fines for the past six years. Legacy Health has agreed to a $2.25 million fine for violating state law that dictates when […]
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Supreme Court to hear biggest homeless rights case in decades. What both sides say.

Laura Gutowski’s husband always made her feel trapped. The lifelong homemaker said her husband of more than 30 years never let her get a job in Grants Pass, Oregon, the small city surrounded by mountains where they lived, an hour north of the California border. Source: Supreme Court to hear biggest homeless rights case in […]
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