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Montana Environmental Information Center v. Stone-Manning
The Ninth Circuit held that it lacks subject matter jurisdiction over environmental groups' citizen suit challenging the Montana Department of Environmental Quality's potential approval of a surface mining permit. The groups argued that the agency director would be in violation of SMCRA if she appro...
Reese River Basin Citizens Against Fracking, LLC v. Bureau of Land Management
A district court denied an environmental group's motion to preliminarily enjoin BLM from issuing oil and gas leases in central and southwest Nevada due to allegedly defective environmental analyses. Although BLM has conducted a lease sale, it retains discretion to issue any leases resulting from tha...
Colorado Oil & Gas Ass'n v. City of Lafayette, Colorado
A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on all oil and gas extraction and related activities within the city's boundaries. The court held that the operational conflict in this case was "obvious and patent" on its face. There is no way to harmonize t...
Gorsline v. Board of Supervisors of Fairfield Township
A Pennsylvania court vacated and reversed a town's decision to issue a special use permit allowing an energy company to construct and operate an unconventional natural gas well pad near landowners' private property. The landowners presented substantial evidence that there is a high degree of probabi...
Exelon Wind 1, LLC v. Nelson
The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...
Enteck GRB LLC v. Stull Ranches, LLC
The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property. The only way to access the well on the BLM property is via a road...
South Carolina Public Service Authority v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators to participate in regional transmission planning to prevent undue discrimination and preference in trans...