A Pennsylvania court vacated and reversed a town's decision to issue a special use permit allowing an energy company to construct and operate an unconventional natural gas well pad near landowners' private property. The landowners presented substantial evidence that there is a high degree of probabi...
The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...
The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property. The only way to access the well on the BLM property is via a road...
The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators to participate in regional transmission planning to prevent undue discrimination and preference in trans...
The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm th...
A Michigan appellate court upheld the state environmental agency's decision to grant a groundwater discharge permit to a company in connection with its plan to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. The permit,...
A Michigan appellate court upheld the state environmental agency's decision to grant mining and discharge permits to a company to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. Environmental groups opposed the permits,...
A Colorado court held that the state's Oil and Gas Conservation Act preempts a city's five-year moratorium on hydraulic fracturing. The city is a "home-rule" city, meaning it has “the full right of self-government” on local and municipal matters. Nevertheless, a local ordinance that infringes on...
The Ninth Circuit held that it lacked jurisdiction to review a U.S. Coast Guard letter to FERC concerning the suitability of the Columbia River for vessel traffic associated with a proposed liquefied natural gas (LNG) facility and pipeline. The letter of recommendation stated that although the river...