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Desert Protective Council v. U.S. Department of the Interior

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale wind project in California's Sonoran Desert. BLM sufficiently evaluated and disclosed the environmental impacts of the wind energy facility project under NEPA. Envi...

Gorsline v. Board of Supervisors of Fairfield Township

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...

Swinomish Indian Tribal Community v. BNSF Railway Co.

A district court held that a Native American tribe that occupies land on Fidalgo Island in Skagit County, Washington, may go forward with trespass and breach of contract claims against a railroad company for violating the terms of a right-of-way easement agreement. The easement grants the company th...

Berkeley Hillside Preservation v. City of Berkeley

The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review under the California Environmental Quality Act (CEQA). After th...

Energy Corp. USA v. Town of Dryden

New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning hydraulic fracturing within their jurisdictions. A private gas company...

Key Operating & Equipment, Inc. v. Hegar

The Supreme Court of Texas held that an oil and gas company may use a road on landowner's property to access its underground mineral rights. The company held an interest oil and gas rights under the landowners' property in addition to several adjoining tracts. In 2000, it pooled the tracts, thereby ...

Sierra Club v. Tahoe Regional Planning Agency

A district court upheld the Tahoe Regional Planning Agency's latest land use and development plan for the Lake Tahoe Area Basin, located along the California and Nevada border. The updated plan, issued in 2012, includes the agency's adoption of a regional transportation plan and the incorporation of...

WildEarth Guardians v. Bureau of Land Management

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes because the agency failed to adequately consider the impacts on lo...

Marvin M. Brandt Revocable Trust v. United States

The U.S. Supreme Court held that a railroad right-of-way that crossed land the United States conveyed to a family in a 1976 land patent was an easement that was extinguished when the railroad formally abandoned it in 2004, thereby leaving the family's land unburdened. The U.S. government initiated t...