The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long held that landowners have ownership in oil and gas beneath their ...

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds passed to Montana when it became a state in 1889 and awarded alm...

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A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

The court holds that the U.S. Environmental Protection Agency's (EPA's) construction of the Clean Air Act (CAA) in promulgating the revised national ambient air quality standards (NAAQS) for ozone and particulate matter (PM) effects an unconstitutional delegation of legislative power and remands the...

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that supplies a local community with drinking water. The court first ho...

The court denies in part and grants in part the U.S. Environmental Protection Agency's (EPA's) petition for rehearing of a decision holding that EPA's revised national ambient air quality standards (NAAQS) for ozone were not based on intelligible principles in the Clean Air Act (CAA) for setting suc...