10th Circuit
Coverage of 10th Circuit in the Nexus archive.
- 10th Circuit affirms federal law preempts Kansas ratepayer price gouging claims
The 10th Circuit ruled that Kansas ratepayers cannot sue natural gas wholesalers under state consumer protection law for price spikes during a 2021 winter storm, citing federal preemption under the Natural Gas Act. The court found that wholesale price controls fall under the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC), which investigated but took no enforcement action.
- 10th Circuit revives Utah journalist lawsuit over denied statehouse credentials
The 10th Circuit Court revived a Utah journalist's lawsuit against statehouse staffers who denied him media credentials after he started an independent publication. The court ruled that the denial implicated his First Amendment rights, finding his allegations of viewpoint discrimination sufficient to proceed, though it dismissed other claims like retaliation and prior restraint.
- 10th Circuit revives review of Biden’s Utah monument expansion
The 10th Circuit Court has revived challenges to former President Biden’s expansion of the Bears Ears National Monument in Utah, ruling that presidential actions exceeding congressional authority can be subject to judicial review. The case, which involves lawsuits from local property owners and two Utah counties, will return to a district court to determine if Biden’s expansion violated the Antiquities Act’s requirements.