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Border Infrastructure Environmental Litigation

The Ninth Circuit affirmed a grant of summary judgment to the Department of Homeland Security for waiving applicable environmental laws to expedite construction of border barriers near San Diego and Calexico, California. Environmental groups argued that the Department exceeded its statutory authorit...

Kanter Real Estate, LLC v. Department of Environmental Protection

A state appellate court reversed the Florida Department of Environmental Protection's order denying an oil and gas permit to a real estate company to drill an exploratory oil well in the Everglades. The company argued that the Department erred in substituting its factual findings for the administrat...

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land

The Fourth Circuit affirmed district courts' injunction orders granting a pipeline company immediate possession of necessary easements along its FERC-approved pipeline route by eminent domain. Landowners argued that the district courts lacked authority under the Natural Gas Act to grant immediate po...

Air Alliance Houston v. U.S. Chemical and Safety Hazard Investigation Board

A district court granted environmental groups' request to compel the U.S. Chemical and Safety Hazard Investigation Board to promulgate regulations concerning accidental chemical releases. The groups argued that the Board's failure to implement reporting regulations in the 27 years since Congress ame...