A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents. For example, California residen...

The Supreme Court of Ohio held that a regional sewer district has the authority to create and impose fees for a stormwater management program. The applicable statute authorizes the sewer district to collect, treat, and dispose of "waste water," defined as "any storm water and any water containing se...

The Ohio Supreme Court held that a local election board exceeded its statutory authority when it refused to certify a city's proposed ballot measure that would, among other things, ban hydraulic fracturing within city limits and create a civil cause of action for damages to be brought in the name of...

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the 1960s, and while the leak was repaired, the contamination was neve...

A Minnesota appellate court held that the state's public utilities commission will need to prepare an EIS under the Minnesota Environmental Policy Act (MEPA) before it can make a final decision on whether to grant or deny a certificate of need for a large oil pipeline. A pipeline company filed appli...

A Pennsylvania appellate court reversed a lower court order denying an energy company's application to construct and operate a natural gas well on land it has leased from a private landowner. The local board had granted the company a conditional use permit for the well, but the lower court set it as...

The Supreme Court of Ohio upheld the Ohio Secretary of State's invalidation of three county ballot measures that, if approved by voters, would have banned high-volume hydraulic fracturing as a method of oil and gas extraction in those jurisdictions. Despite the secretary's conclusion to the contrary...

The Ninth Circuit held that the U.S. Forest Service's continued authorization of a 6-foot-tall Jesus statue on national forest land overlooking a northwestern Montana ski resort does not violate the Establishment Clause of the U.S. Constitution. The statue, known as "Big Mountain Jesus," was placed ...

The Ninth Circuit vacated and remanded a lower court decision that environmental groups lacked standing to challenge BLM's decision to sell oil and gas leases in Montana. Below, the groups claimed BLM failed to adequately consider climate change, global warming, and greenhouse gases in violation of ...