Whiteman v. Chesapeake Appalachia, L.L.C.
The Fourth Circuit affirmed a lower court decision dismissing farmer's West Virginia common law trespass claims against a natural gas company. The landowners sought an injunction and damages stemming from on the company's drilling and operation of three natural gas wells on surface property owned by...
Mann v. National Review, Inc.
A D.C. court denied a conservative publication's motion for reconsideration of the court's earlier decision denying the publication's motion to dismiss a climate scientist defamation suit against it. There is sufficient evidence in the record to demonstrate that the scientist is likely to succeed on...
California Chamber of Commerce v. California Air Resources Board
A California court issued a tentative decision upholding the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). The court tentatively agreed that the auctio...
Entergy Nuclear Vermont Yankee LLC v. Shumlin
The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approv...
La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of Interior
A district court dismissed groups' lawsuit challenging BLM's approval of a 370-megawatt utility-scale solar power plant currently under construction in the Mojave Desert. BLM's decision to consider cumulative impacts within a single EIS was not arbitrary, capricious, an abuse of discretion, or other...