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Atlantic Coast Pipeline, LLC v. Winstead
A district court temporarily stayed proceedings in which a pipeline developer sought access to a North Carolina farm for construction of the Atlantic Coast Pipeline. The landowner sought to stay the pipeline developer's attempt to acquire eminent domain rights to his property to allow pending challe...
United States v. California
A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first refusal on transfers of federal public lands, runs afoul of the doct...
Western Watersheds Project v. Michael
A district court ruled unconstitutional two Wyoming statutes that impose criminal and civil penalties for data collection on private land or public land accessed via private land. Environmental groups argued that the statutes violated the Free Speech Clause of the First Amendment. The court found th...
Kentucky Waterways Alliance v. Kentucky Utilities Company
The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding groundwater, which in turn contaminated a nearby lake, in violation ...
Utility Solid Waste Activities Group v. Environmental Protection Agency
The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that the rule unlawfully disregarded significant risks of harmful leak...
Minnesota Sands, LLC v. Winona, Minnesota, County of
A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance discriminated against its business. But the lower court disagreed, concludin...
Banks v. United States
A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-interest sold right-of-way easements to a railroad for operation o...