A district court, in a 149-page opinion, held that the government violated the ESA and NEPA when it approved its 2014 biological opinion (BiOp) for the Federal Columbia River Power System (FCRPS) and its impact on salmon and steelhead. The FCRPS consists of hydroelectric dams, powerhouses, and assoc...

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the case is the "Mud Pond Waterway," a two-mile-long system of ponds a...

The Supreme Court of Colorado held that state law preempts a city's five-year moratorium on hydraulic fracturing and waste disposal within city limits. Although the Colorado Constitution recognizes the sovereignty of "home rule cities," allowing home rule cities to regulate matters of local concern,...

The Supreme Court of Colorado held that state law preempts a city's ban on hydraulic fracturing and waste disposal within city limits. The Colorado Constitution recognizes the sovereignty of "home rule cities," meaning that in matters of local concern, a home-rule ordinance supersedes a conflicting ...

The Supreme Court of Texas held that the Texas Clean Air Act and the Act’s enforcement mechanisms in the Texas Water Code preempt a Houston air-quality ordinance. The Houston ordinance’s enforcement provisions are inconsistent with the statutory enforcement requirements. The ordinance allows cri...