The D.C. Circuit granted a refining company's petition challenging FERC's methodology for determining payments to oil companies that use the Trans Alaska Pipeline System to transport oil in a commingled stream. Absent monetary adjustments to compensate for the difference in quality between inputs an...

The Supreme Court of California held that the state's moratorium on the use of suction dredges to mine gold from rivers was not preempted by federal mining law. The case arose after an individual challenged his conviction for the possession and unpermitted use of a suction dredge. He argued that the...

The Fifth Circuit reversed a lower court decision that the U.S. Army Corps of Engineers must bear all the costs of deauthorizing the Mississippi River-Gulf Outlet (MR-GO), instead holding that the Corps' cost-sharing formula with the state of Louisiana was reasonable. The Corps has completed buildin...

The Second Circuit affirmed a district court decision holding that an $8.646 billion judgment granted by an Ecuadorian court for pollution in the Amazon was procured by bribery, coercion, and fraud and enjoining an attorney and two of his Ecuadorian clients from seeking to enforce the judgment in th...

The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to acquire for construction of two new tunnels to deliver fresh water f...

The Fifth Circuit, in an unpublished opinion, directed the Louisiana Supreme Court to define the meaning of "good faith" as it pertains to an underlying whistleblower suit. A deckhand working for a tugboat company alleged he was repeatedly ordered to dump oil and otherwise violate environmental laws...