The Nebraska Supreme Court upheld state legislation enacted in 2012 that permits major oil pipeline carriers to obtain approval from the governor to exercise the power of eminent domain for building a pipeline—such as the controversial Keystone XL—in Nebraska. A lower court held that the law was...

The Ninth Circuit upheld a lower court's dismissal of a lawsuit brought under the Alien Tort Statute and California tort law against a petroleum company alleging it should be held liable for war crimes committed by members of the Colombian National Army’s 18th Brigade. The action was brought by th...

The U.S. Supreme Court held that a district court erred in remanding to state court landowners' class action lawsuit seeking compensation for damages they sustained when an energy company allegedly underpaid royalties due under certain oil and gas leases. The lawsuit was originally filed in state co...

The Seventh Circuit denied a petition for review challenging EPA’s decisions to redesignate three geographic areas—Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area—as having attained the 1997 NAAQS for ozone. Before redesignating an area, the CAA requires EPA t...

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission standards or limitations under its Title V permit. Indeed, it is...

The D.C. Circuit held that EPA's regulations implementing the 2008 NAAQS for ozone exceed the Agency’s authority under the CAA. In 2008, EPA revised and strengthened the standards for ozone pursuant to the CAA. One of the revisions extended the deadline for some regions to attain the new standards...