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Sierra Club v. Jewell
The D.C. Circuit held that environmental groups have standing to challenge DOI's decision to remove the Blair Mountain Battlefield—the site of a large 1921 coal miner uprising in West Virginia—from the National Register of Historic Places. Shortly after the Battlefield was listed in 2009, the si...
National Wildlife Federation v. Department of Environmental Quality
A Michigan appellate court upheld the state environmental agency's decision to grant a groundwater discharge permit to a company in connection with its plan to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. The permit,...
National Wildlife Federation v. Department of Environmental Quality
A Michigan appellate court upheld the state environmental agency's decision to grant mining and discharge permits to a company to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. Environmental groups opposed the permits,...
Colorado Oil & Gas Ass'n v. City of Fort Collins
A Colorado court held that the state's Oil and Gas Conservation Act preempts a city's five-year moratorium on hydraulic fracturing. The city is a "home-rule" city, meaning it has “the full right of self-government” on local and municipal matters. Nevertheless, a local ordinance that infringes on...
Georgia River Network v. Turner
A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation wrested by normal stream flow or wave action. The case arose after environmental groups challenged a buff...
Ohio Valley Environmental Coalition v. Alex Energy, Inc.
A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose selenium limitations, but it does incorporate by reference state re...
Sierra Club v. South Carolina Department of Health and Environmental Control
The South Carolina Supreme Court held that the operator of a low-level radioactive waste disposal facility failed to comply with state groundwater protection regulations and must therefore submit a written plan for compliance or face potential revocation of its operating license. The operator first ...