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Chris “Law Dork” Geidner Profile picture
@chrisgeidner
Mar 31, 2023 • 10 tweets • 4 min read • Read on X
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DOJ, on behalf of the EPA, has sued Norfolk Southern for the East Palestine derailment under the Clean Water Act.

Complaint: justice.gov/opa/press-rele…
The case has been assigned to Judge John R. Adams, a George W. Bush appointee who has a … less-than-stellar … record as a judge. (He’s been removed from multiple cases and had other issues, including a long legal fight with the 6th Circuit Judicial Council, while on the bench.)
Subscribe to Law Dork now to support my independent legal journalism. lawdork.com
Here’s an article from last year on the settlement in the 6-year-fight over Adams’s behavior on the bench. beaconjournal.com/story/news/202…
From DOJ's complaint: "Approximately eighty percent of the compensation for NS Corporation’s executives are based on performance metrics. ... [A]nnual reports show a stark contrast between the
increases in operating income and the drop in railroad operating costs." 21. Approximately eighty percent of the compensation for NS
"Norfolk Southern produced the below photograph showing the derailed rail cars and describing their contents." Photograph of the East Palestine train derailment, with each
"51. Firefighting efforts required the use of firefighting materials."

10/10. No notes. 51. Firefighting efforts required the use of firefighting ma
The Feb. 6 venting/burn. 54. On February 5, 2023, monitoring indicated rising tempera
Oh, yeah ... #WOTUS

This is followed by five pages detailing how waters implicated in the East Palestine derailment are waters of the United States. (pp.12-16) E. Waters of the United States
The three specific claims by DOJ against Norfolk Southern are "Discharge of Pollutants in Violation of Clean Water Act"; "Discharge of Oil and Hazardous Substances in Violation of the Clean Water Act"; and "Cost Recovery," citing 42 USC 9607. See: law.cornell.edu/uscode/text/42…

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More from @chrisgeidner

Chris “Law Dork” Geidner Profile picture
Nov 19
This is the shot of the night.

Schumer is filing cloture on several judicial nominations. Republicans are forcing them to go into executive session separately for each nomination. The Dems are just pushing ahead. Here was Schumer before the 10th vote, by my count, began. Schumer at the lectern, hands gripping over the top of it. TEXT: MR. SCHUMER: I MOVE TO PROCEED TO EXECUTIVE SESSION TO CONSIDER CALENDAR 711.
By the Republicans refusing to give unanimous consent, the Dems are having to go through a series of procedural votes on each nominee.

They're passing on party-line votes, but the Republicans are literally just forcing them to take hours on this.
So far, cloture has been filed for:
- Amir H. Ali (D.D.C.)
- Sparkle L. Sooknanan (D.D.C.)
- Brian E. Murphy (D. Mass.)
- Anne Hwang (C.D. Calif.)
- Cynthia Dixon (C.D. Calif.)

This voting began at 6:32 pm, C-SPAN notes, after the vote on Kidd for the 11th Circuit. Senate floor: Partial Text: "THIS VOTE SERIES BEGAN AT 6:32pm ET"
Read 9 tweets
Chris “Law Dork” Geidner Profile picture
Oct 20
BREAKING: The Fifth Circuit blocks an order from Judge Reed O'Connor that Media Matters turn over donor information to X Corp. in a lawsuit over the group's coverage of X, holding MM is likely to succeed in stopping disclosure.

More to come at Law Dork: lawdork.comX Corp., Plaintiff—Appellee, versus Media Matters for America; Eric Hananoki; Angelo Carusone, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CV-1175 ______________________________ Before Smith, Graves, and Engelhardt, Circuit Judges. Per Curiam: Media Matters, Inc., appeals the district court’s discovery order com- pelling it to disclose its donors’ information and communications. We grant Media Matters’s motion for stay pending appeal.
The panel had a far-right majority, too, with both Judge Jerry Smith, a Reagan appointee, and Judge Kurt Engelhardt, a Trump appointee, on it — so, if O'Connor had a shot, it was here. Judge James Graves, an Obama appointee, was the third judge. Opinion: documentcloud.org/documents/2524…Because X Corp.’s discovery requests are disproportional to the needs of the case, Media Matters is likely to succeed on the merits of its appeal. See Fed. R. Civ. P. 26(b)(1). IV. Because all factors support staying the discovery order pending appeal, Media Matters’s October 2, 2024, motion for a stay pending appeal is GRANTED. The district court’s September 27, 2024, order compelling production is STAYED pending further order of this court. Media Mat- ters’s motion for administrative stay is DISMISSED as moot. Nothing in this opinion is to be construed as a comment on the ultimate merits ...
Here's my big report at Law Dork from last month on O'Connor — troubling figure in today's federal judiciary, both on the substance of his rulings and the many direct and indirect conflicts that his extensive individual stock ownership has caused. lawdork.com/p/judge-overse…
Read 4 tweets
Chris “Law Dork” Geidner Profile picture
Oct 16
I do think it's important to talk about this as it is. The GOP AGs are *asking* to amend their complaint in the existing lawsuit. It has some new claims, but most was already in their earlier complaint. And, DOJ has already said the entire case should be tossed.
They are doing this because they want to stay in front of Kacsmaryk — despite the fact that he is a Northern District of Texas judge and they are the Missouri, Kansas, and Idaho AGs. And despite the fact that SCOTUS already said the original plaintiffs lacked standing.
The AGs filed a motion for Kacsmaryk to accept their amended complaint on Friday, Oct. 11.

Before that, though, on Sept. 30, all the parties told Kacsmaryk what they thought should happen to the case now that it was back to him from SCOTUS. DOJ said it should be dismissed: 3. Defendants believe that no further proceedings are necessary or warranted in this case. The Supreme Court concluded that the original Plaintiffs “lack standing to challenge FDA’s actions,” which plainly requires dismissal of their Complaint—regardless of any attempt by Plaintiffs or the State Intervenors to amend or supplement their pleadings or add new parties. The Supreme Court’s decision highlighted legal defects in Plaintiffs’ standing, not simply a failure to carry their evidentiary burden. ... The proper course, therefore, is for this Court to immediately dismiss both existing Comp...
Read 5 tweets
Chris “Law Dork” Geidner Profile picture
Sep 6
NEW: Alito continued, as of the end of 2023, to own shares of more than 25 companies' stocks.

Under our "financial disclosure" system, we learned of Alito's 12/31/23 stock holdings in a delayed report not filed until 8/13/24 and not posted until today.
documentcloud.org/documents/2510…
Image
As you might recall, Law Dork reported on two of Alito's stock trades earlier this year, when a "Periodic Transaction Report" revealed that he sold at least some of his stock in Anheuser-Busch and bought stock in Molson Coors on 8/14/23. lawdork.com/p/alito-bud-li…
In today's posted annual disclosure, we confirm that Alito sold *all* of his Anheuser-Busch stock that day when he replaced it with Molson Coors stock.
Read 4 tweets
Chris “Law Dork” Geidner Profile picture
Aug 27
BREAKING: A superseding, post-immunity ruling indictment against Donald Trump has been issued in federal court in DC. storage.courtlistener.com/recap/gov.usco…
Image
Background: Here's my Law Dork report on the July Supreme Court immunity ruling. lawdork.com/p/robertss-maj…
Jack Smith added "private" to all of the co-conspirators, to highlight their clearly non-official roles — and got rid of Jeffrey Clark, the DOJ guy who was willing to be acting AG and pursue Trump's fake election fraud claims if Trump let him. a. Co-Conspirator 1, a private attorney whom the Defendant put in charge of his campaign's litigation efforts and who was willing to spread knowingly false claims and pursue strategies that the Defendant's 2020 re-election campaign ("Campaign") attorneys would not. b. Co-Conspirator 2, a private attorney who devised and attempted to implement a strategy to leverage the Vice President's ceremonial role overseeing the certification proceeding to obstruct the certitication of the presidential election. c. Co-Conspirator 3, a private attorney who made unfounded claims of election frau...
Read 14 tweets
Chris “Law Dork” Geidner Profile picture
Aug 27
NEWS: The ACLU has filed their brief at the Supreme Court on behalf of the plaintiffs challenging Tennessee's ban on gender-affirming medical care for minors.

Background at Law Dork: lawdork.com/p/scotus-takes…
Image
Here's the ACLU brief, calling on the Supreme Court to vacate the Sixth Circuit's ruling from last year holding that the Tennessee ban is likely constitutional: supremecourt.gov/DocketPDF/23/2…
If left uncorrected, the Sixth Circuit’s reasoning will have far-reaching consequences. It will effectively immunize all forms of government discrimination against transgender people from meaningful constitutional scrutiny. And it will force the families at the center of this case (and countless others like them) to lose the very medical care that has allowed their children to grow and thrive. This Court should vacate the Sixth Circuit’s misguided decision, reaffirm that all sex classifications receive heightened scrutiny, and remand for further proceedings or reverse the judgment.
DOJ's brief is also due today. I'll have more at Law Dork after it is in.

Subscribe now to get my report when it's live. There are free and paid options: lawdork.com/subscribe
Read 4 tweets

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