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Walker v. Husted

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...

North Dakota v. U.S. Environmental Protection Agency

A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule only extends to the 13 plaintiff states that challenged it. The court found significant prudential reasons to limit the scope of the preli...

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme Court's opinion in Rapanos v. United States, 547 U.S. 715, 36 ELR 20...