The D.C. Circuit held that a mining company's failure to maintain adequate emergency lifelines in its mine's escapeways was a significant and substantial violation of the Federal Mine Safety and Health Act of 1977, thereby affirming the Department of Labor's Federal Mine Safety & Health Review C...

The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015, on certain t...

The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...

The U.S. Supreme Court held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause and are not preempted by the Red River Water Compact—an interstate water compact that allocates water among Texas, Okl...

The Seventh Circuit upheld a FERC order allowing a regional electricity transmission system to apportion costs for new power lines necessary to bring power generated from wind farms in the Great Plains to urban centers among all the utilities drawing electricity from the grid. The costs would be all...

The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The tribe complained that the project diverts excessive flood waters over tribal lands, in part to p...