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California Restaurant Ass'n v. Berkeley, City of

A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Poli...

Conservation Law Foundation v. Exxon Mobil Corp.

The First Circuit vacated a district court order staying a CWA and RCRA citizen suit brought against an oil company. An environmental group argued, among other things, that the company had violated CWA and RCRA by failing to account for climate change factors at its petroleum storage and distributio...

Jam v. International Finance Corp.

The D.C. Circuit affirmed dismissal of a lawsuit brought by Indian fishermen and farmers against the World Bank in connection with a $450 million loan issued for the construction of a coal-fired power plant in India. The plaintiffs argued the World Bank's International Finance Corporation (IFC) shou...

American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when limits on fuel volatility under §7545(h)(4) of the CAA could be...

State ex rel. Yost v. Volkswagen Aktiengesellschaft

The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests. Ohio sued the company, arguing its post-sale tampering with emissions control systems violated the state’s Air Pollution Control Act (APCA). The company mo...

WildEarth Guardians v. Steele

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' decisions concerning a revised forest plan for the Flathead National Forest. The groups argued the Services' decisions violated the ESA and NEPA. The ...

General III, LLC v. Chicago, City of

A district court dismissed a lawsuit concerning the city of Chicago’s delay in issuing an operating permit for a recycling facility in the city’s Southeast Side neighborhood. The company argued its constitutional rights were being violated as a result of the city’s delay of the permit review p...

Vote Solar v. Farmington, City of

The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district c...

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant into groundwater that in turn entered the Middle Fork of the Verm...

PennEast Pipeline Co., LLC v. New Jersey

The U.S. Supreme Court held, 5-4, that the Natural Gas Act (NGA) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or states, in a lawsuit concerning construction of a 116-mile natural gas pipeline from Pennsylvania to New Jersey. The compan...