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Supreme Court of the United States › Energy Sector › Oil & Gas

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

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On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

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On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

Goldberg Segalla on

The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Womble Bond Dickinson

Changes in Migratory Bird Treaty Act Protections - Impacts on Project Development

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Two recent developments signal important changes to the current administration’s position on incidental take under the Migratory Bird Treaty Act (“MBTA”)...more

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

Mintz on

On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

Allen Matkins

California Environmental Law & Policy Update 5.2.25

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The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Bracewell LLP

The Trump Administration’s Day-One Executive Actions: Impacts on Energy and Environmental Policy and More

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On January 20, 2025, President Trump re-assumed the presidency with a flurry of executive orders and memoranda, many of which directly impacted energy and environmental issues. These orders included a production-minded...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

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​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Jones Day

U.S. Supreme Court Signals Interest in Climate Change Litigation

Jones Day on

Could climate change litigation be headed back to the U.S. Supreme Court? That prospect seems more likely after the Supreme Court issued an order on October 3, 2022, inviting the Solicitor General to file a brief expressing...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

Opportune LLP on

Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Vinson & Elkins LLP

Not Dead (Yet?): After HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, The Renewable Fuels Standard’s...

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In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth...more

Kelley Drye & Warren LLP

Supreme Court Upholds EPA's Extension of Renewable Fuel Program Extensions

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On June 25, 2021, the Supreme Court decided HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, et al., Slip Op. 20-472 (June 25, 2021), which concerned small refiners’ eligibility for hardship exemptions...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association

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On June 25, 2021, the U.S. Supreme Court decided HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association, No. 20-472, holding that a small refinery can apply for a hardship exemption from the Environmental...more

McGlinchey Stafford

Big Win For Small Refineries

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On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

Downey Brand LLP on

On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Flaster Greenberg PC

Marcellus Shale Update: The Energy Pipeline Battle Reaches a Supreme Court Climax

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On Wednesday, April 28, a major component of the legal battle in the fight over interstate oil and gas pipelines will reach a climax. In Washington, D.C., the United States Supreme Court will hear oral argument in the case...more

Flaster Greenberg PC

Supreme Court To Decide If Pipeline Builder Can Seize 42 Properties In New Jersey

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Last week, the United States Supreme Court agreed to hear ​the legal dispute that has stymied completion of the proposed $1 Billion PennEast Pipeline from the Marcellus Shale gas fields of Northeastern Pennsylvania to Central...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

Foley Hoag LLP - Energy & Climate Counsel on

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Spilman Thomas & Battle, PLLC on

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020 #4

Spilman Thomas & Battle, PLLC on

Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018

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In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...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

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