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Reep v. State

The North Dakota Supreme Court held that the state owns the mineral interests under the shore zone of the Missouri River, which cuts through the oil-rich Bakken Shale region. Under the equal footing doctrine, the state's title to the beds of navigable waters extends from high watermark to high water...

Tri-Realty Co. v. Ursinus College

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...

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...

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...

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional categories ...