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Green, City of v. Nexus Gas Transmission, LLC

The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run through a wetland that the city claimed would be irreparably harm...

Assoc. of Irritated Residents v. Kern County Board of Supervisors

A California appellate court held that a project to modify an oil refinery so it can unload the equivalent of 150,000 barrels of crude oil per day should not proceed until corrections can be made to its state environmental impact report (EIR). The project proposed transporting crude oil from the Bak...

Indigenous Environmental Network v. TransCanada Corp.

A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline. In its approval, the State Department relied on a 2014 EIS con...

Liebhart v. SPX Corp.

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...

Western Watersheds Project v. Wyoming

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of statutes that prohibited individuals from entering “open land fo...

Barnes v. FAA

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway. Since...

Miller v. Mississippi Resources, LLC

A district court held that a Mississippi landowner is not entitled to an injunction to stop alleged contamination from oil and gas production activities on his property. The landowner's property is subject to certain mineral leases, rights of way, and surface agreements allowing a company access to ...