Whiteman v. Chesapeake Appalachia, L.L.C.
The Fourth Circuit affirmed a lower court decision dismissing farmer's West Virginia common law trespass claims against a natural gas company. The landowners sought an injunction and damages stemming from on the company's drilling and operation of three natural gas wells on surface property owned by...
Edwards Aquifer Authority v. Bragg
A Texas appellate court affirmed a lower court decision that commercial pecan growers suffered a regulatory taking when the Edwards Aquifer Authority—a water reclamation district—denied the growers' request for a water permit for one of their pecan orchards and granted a limited permit for a sec...
Entergy Nuclear Vermont Yankee LLC v. Shumlin
The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approv...
La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of Interior
A district court dismissed groups' lawsuit challenging BLM's approval of a 370-megawatt utility-scale solar power plant currently under construction in the Mojave Desert. BLM's decision to consider cumulative impacts within a single EIS was not arbitrary, capricious, an abuse of discretion, or other...
Banks v. Heineman
The Supreme Court of Nebraska held that a 2010 state law that changed the manner in which wind energy generation facilities in Nebraska are taxed is constitutional. As part of legislation passed to encourage the development of wind generation facilities in Nebraska, the state legislature enacted a n...