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Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

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A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

Paul Hastings LLP

Dutch Appeal Court Overturns Emissions Reduction Targets on Shell

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On April 5th, 2019, environmental activist group Milieudefensie (Friends of the Earth) Netherlands and co-plaintiffs served Shell a court summons alleging Shell’s contributions to climate change violated its duty of care...more

Jones Day

Landmark Climate Change Case Overturned: The Hague Court of Appeals Overturns Ruling Ordering Shell to Reduce CO2 Emissions

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On November 12, 2024, The Hague Court of Appeals overturned the landmark climate change litigation case that imposed a 45% CO2 reduction obligation on Shell....more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Stikeman Elliott LLP

“Federalism is Fundamental to Canada’s Existence”: Impact Assessment Act is Unconstitutional According to the Alberta Court of...

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On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more

Stoel Rives - Renewable + Law

MEPA Review Not Required as Part of Wisconsin Gas Plant Affiliated-Interest Agreements, Says Minnesota Supreme Court

As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review.  In so doing, the Court concluded that...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility

On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #2

Oil Drops More Than 3% After State Secretary Pompeo Says Iran Is Ready To Negotiate About Its Missile Program - "Oil prices turned lower on Tuesday, falling by about $2 a barrel as U.S. President Donald Trump said progress...more

Bennett Jones LLP

B.C.’s Highest Court Rules Province’s Attempt to Regulate Bitumen Unconstitutional

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On May 24, 2019, a five-member panel of the British Columbia Court of Appeal (BCCA) unanimously determined that British Columbia's proposed amendments to the Environmental Management Act, SBC 2003, c 53 (the EMA) are...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Gray Reed

Man Bites Dog – Local Zoning Board Okays Drilling-Friendly Ordinance

Gray Reed on

In Frederick v. Allegheny Township Zoning Hearing Board, et al, the Pennsylvania Commonwealth Court affirmed a local zoning ordinance allowing oil and gas operations in all zoning districts in the Township as long as they...more

WilmerHale

Environmental Deconfliction: The National Defense Authorization Act For Fiscal Year 2018 and Its Implications for Energy,...

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The National Defense Authorization Act (“NDAA”) may be the most important piece of energy and environmental legislation most people have never heard of. It authorizes the appropriation of federal funds to support the U.S....more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

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It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Burr & Forman

Alabama Joins Challenge to EPA's Rule Limiting Emissions from the Oil and Natural Gas Industry

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Alabama has joined several other states in a petition filed with the U.S. Court of Appeals for the D.C. Circuit seeking to challenge the Environmental Protection Agency’s final rule regulating emissions standards for certain...more

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