Arkansas Game & Fish Commission v. United States
The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused increased flooding in Arkansas' Dave Donaldson Black River Wildlife Management A...
Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee
The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...
Elizondo v. Royalty Metal Furnishing, Inc.
A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the property at issue as a commercial or industrial use area and allowed t...
Protect Our Communities Foundation v. Salazar
A district court dismissed a complaint challenging DOI's approval of the Ocotillo Wind Energy Facility Project, a utility-scale wind power project in the Sonoran Desert in Imperial County, California, under NEPA and the Migratory Bird Treaty Act (MBTA). The purpose and need statement set forth in BL...