• Clean Air Act
• VENUE
• AGENCY LAW

Does the U.S. Court of Appeals for the District of Columbia Circuit have exclusive venue over litigation involving the Clean Air Act’s Renewable Fuel Standard program because the Environmental Protection Agency’s determinations are “nationally applicable” or, alternatively, “based on a determination of nationwide scope or effect?”

Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act’s Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency’s denial actions are “nationally applicable” or, alternatively, are “based on a determination of nationwide scope or effect.”

The Clean Air Act contains a provision regarding Renewable Fuel Standards ("RFS"), which requires that each year, producers across the energy sector must blend certain volumes of renewable fuel with nonrenewable fuel.

• Clark, Lesley, Supreme Court Schedules Cases That Could Limit Agency Power, PoliticoPro (February 10, 2025).
• Coleman, Lisa Whitley, SCOTUS to Determine Appropriate Courts for Specific EPA Challenges, EHS Daily Advisor (November 6, 2024).
• Hijazi, Jennifer; Greene, Shayna., Supreme Court Clean Air Fight Could Pry Disputes From Washington, Bloomberg Law (October 22, 2024).
• Raymond, Nate, US Supreme Court to Weigh Which Courts Can Hear Air Policy Challenges, Reuters (October 21, 2024).

The Medical Termination of Pregnancy Act establishes the legal framework for abortion procedures in Barbados.

This proceeding, heard by the Full Bench of the Fair Work Commission, concerned applications to vary three modern awards to increase the minimum wage rates of aged care sector employees. As part of the determination, the Full Bench found that aged care work, a female-dominated industry, had been historically undervalued because of assumptions based on gender.

In the case of Austin Health v. Tsikos, the respondent claimed that she had been directly discriminated against in her employment based on her age and sex. She claimed she had been denied the opportunity to renegotiate her salary which was at the rate specified in the enterprise agreement, despite (among other things) being paid considerably less than a male employee who reported to her, who was classified at a lower grade under the enterprise agreement, but was paid well above the rates specified in the enterprise agreement.

The respondent is a transgender woman who was assigned male at birth. During her time in prison at a correctional centre for male prisoners, she asked to be referred to using female pronouns; however, the prison authorities required her and all inmates to identify as male. The Queensland Court of Appeal overturned the Appeal Tribunal to find that there was no direct or indirect discrimination arising from the requirement to identify as male.

In the case of Jacomb v. Australian Municipal Administrative Clerical and Services Union, the applicant, a male union member, sought a court order that a union unlawfully discriminated based on gender by adopting quotas for its executive branch. The quotas required 50% of executive positions to be held by female members. The applicant submitted that the 50% requirement was discriminatory against men who made up more than 50% of members and that the quotas should be proportional to the women's membership within the union.

The case, Moorilla Estate Pty Ltd v. Lau, concerned access to an installation at the Museum of Old and New Art ('Mona'). Mona is a well-known private art museum in Tasmania that is open to the public. The artwork, titled 'Ladies Lounge', is a private lounge area enclosed by a curtain and overseen by an attendant, and access is limited to those who identify as ladies. The respondent described the Ladies Lounge as an artwork which is a response to the lived experience of women forbidden from entering certain spaces throughout history.

The respondent alleged that she had been sexually harassed in her workplace. The complaint related to the display of a poster as part of a work health and safety campaign showing a photograph of the respondent over which the caption had been written 'Feel great - lubricate'. While the respondent had consented to the use of her photo in the poster, she had not been informed about the caption. The NSW Court of Appeal upheld the finding of sexual harassment.

BGH XII ZB 383/19 Applicant v. Registry Office; German Federal Court of Justice (Bundesgerichtshof); decision dated April 22, 2020

Only persons with biological intersexuality can change the gender details in the civil status entry per §§ 45b and 22 Para. 3 of the Civil Status Act, while "perceived intersexuality" is not covered.

6 StR 125/22 Germany v. Offender; German Federal Court of Justice (Bundesgerichtshof); decision dated May 31, 2022 

Violence and death threats directed at the accused must be considered when assessing the criminal liability of the accused. The address of a women’s shelter must not be disclosed in the reasons of a judgment.

Facts of the Case