The Ninth Circuit reversed in part a lower court decision upholding a "Clean Truck Program" adopted by a California port designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisi...

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas. Because Okla...