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Virginia Uranium v. McAuliffe
A district court dismissed a uranium company's lawsuit that the Atomic Energy Act (AEA) preempts a Virginia law that prohibits any state agency from accepting applications for a permit to mine uranium. The company filed suit against the governor, two cabinet members, and various officials affiliated...
Coal River Mountain Watch v. United States Department of the Interior
A district court denied DOI's motion to dismiss an environmental group's lawsuit challenging OSM's determination that a surface mining permit could not be automatically terminated without first providing notice to the permit holder. SMCRA provides that certain mining permits will be terminated if th...
Western Minnesota Municipal Power Agency v. Federal Energy Regulatory Commission
The D.C. Circuit held that FERC violated the Federal Power Act (FPA) when it issued a preliminary permit for a hydroelectric project in Polk County, Iowa, to a private developer. The case involved FERC's interpretation of FPA §7(a), which grants preferential treatment to state and municipal applica...