Energy & Environmental Legal Institute v. Epel
The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy standard will harm out-of-state coal producers in violation of the C...
Building Industry Ass'n of the Bay Area v. United States Department of Commerce
The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') designation of critical habitat for the southern distinct population of green sturgeon, a threatened species. The rule designated approximately 11,421 square miles of marine habitat, 897 square miles of estuary habitat, and hun...
Alaska Eskimo Whaling Comm'n v. U.S. Environmental Protection Agency
The Ninth Circuit granted in part and denied in part a petition challenging an NPDES permit authorizing oil and gas exploration facilities' discharge of 13 waste streams into the Beaufort Sea. The petition was filed by the Alaska Eskimo Whaling Commission, which represents Alaska Native villages tha...
Public Service Co. of Colorado v. City of Boulder
A Colorado court upheld a city's decision to create a local electric utility. An electric company argued that the city council exceeded its authority when it created the utility. But the company missed the 28-day deadline for challenging quasi-judicial decisions. When the city declared that the cond...
Ladra v. New Dominion, LLC
The Supreme Court of Oklahoma held that a woman injured in a 2011 earthquake may go forward with her suit against two energy companies for allegedly causing the quake due to hydraulic fracturing operations. A lower court dismissed the case, concluding that the Oklahoma Corporation Commission has exc...