Living Rivers v. U.S. Oil Sands, Inc.
The Supreme Court of Utah dismissed an environmental group's lawsuit challenging the state's issuance of a discharge permit for a tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008. In 2011, the Utah...
Lubbock, Texas v. Coyote Lake Ranch, LLC
A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's property. The city owns the groundwater rights under the landowner's property, and in 2012 it proposed a well ...
Hughes v. Treadwell
The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed. Despite mining associations' arguments to the contrary, the "Bristol B...
Kunaknana v. United States Army Corps of Engineers
A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...
Sierra Club v. FutureGen Industrial Alliance
A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...
Coal River Energy, LLC v. Jewell
The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they produce by mining. The regulation requires mine operators to pay the reclamation fee when the coal is ult...
Pebble Ltd. Partnership v. Lake & Peninsula Borough
An Alaska court held that state law impliedly preempts a ballot initiative that would allow a local borough to prohibit the issuance of a permit for large-scale mines that would have a significant adverse impact on salmon-bearing waters. The court rejected the state's claim that the initiative, loca...
Te-Moak Tribe of Western Shoshone Indians of Nevada v. U.S. Department of the Interior
The Ninth Circuit held that BLM did not violate NEPA or FLPMA when it approved the expansion of a gold mine near Nevada's Mount Tenabo. Native American tribes claimed that BLM failed to address mitigation measures specific to groundwater in situ, failed to propose new mitigation measures relating to...