Weekly Cases Update Volume 46, Issue 8

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 46, Issue 16

ELR 2010115-10393(Pa. Ct. Com. Pl., )

A Pennsylvania court dismissed developers' lawsuit against environmental activists and township residents for alleged tortious interference with contract with respect to a series of oil and gas leases.

Keywords:
Contracts, Hydraulic Fracturing
ELR 2010413-36078(9th Cir., )

The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA.

Keywords:
Energy resource projects, Wildlife (generally), Alternative Energy
ELR 2010015-20030(5th Cir., )

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas.

Keywords:
Citizen suits, §304, Enforcement, §113, Operating permits,§§501-507
ELR 200992015-201(Vt., )

The Vermont Supreme Court affirmed a lower court decision dismissing as untimely the state's claims against a number of companies for generalized injury to state waters due to groundwater contamination from methyl tertiary butyl ether, a gasoline additive.

Keywords:
Contamination, Water quality
ELR 2010215-290(U.S., )

The U.S. Supreme Court held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action subject to judicial review under the APA. The case arose in connection with the permitting process for a peat mine.

ELR 2020314-0572(Tex., )

The Texas Supreme Court held that the common-law "accommodation doctrine," which gives an oil-and-gas lessee an implied right to use the land as reasonably necessary to produce and remove the minerals as long as it exercises that right with due regard for the landowner's rights, al

Keywords:
Groundwater, Property rights/entitlements, Water law

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