Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more
Four years on from the Supreme Court’s monumental decision in McGirt v. Oklahoma, the results have been a mixed bag for all parties involved. In our previous McGirt update, we detailed potential tax and regulatory...more
In early November, the U.S. Supreme Court agreed to hear a case brought by the Navajo Nation that could have far-reaching impacts on tribal water rights in the Colorado River Basin....more
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more
Outlook for This Week in the Nation’s Capital - Congress. The House and Senate are back in session this week. While both chambers have a number of items scheduled for action, the Russian invasion of Ukraine, and the US...more
On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more
On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more
The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more
The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more
The Atlantic Coast Pipeline is a planned $8 billion, 600-mile natural gas pipeline from West Virginia to North Carolina. Petitioner Atlantic Coast Pipeline, LLC seeks to build the pipeline, which would traverse 21 miles of...more
On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of...more
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more
Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more
Internal House GOP Budget Feud Threatens Agenda: House GOP efforts to write a fiscal 2018 budget are deadlocked amid Republican infighting, a divide that threatens to undermine President Donald Trump’s agenda by stalling tax...more
The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more
Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more
“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more
A new client calls and hires you to uphold on appeal the splendid order its trial counsel obtained in its favor. You eagerly read the order but quickly realize, to your horror, that the trial judge got it wrong. What should...more
In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,...more