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Sierra Club v. Oklahoma Gas & Electric Co.

A district court granted in part and denied in part motions to dismiss an environmental group's citizen suit against a utility company for alleged CAA violations at a coal-fired power plant in Muskogee, Oklahoma. The group alleged that the company failed to obtain a prevention of significant deterio...

Pepin v. Division of Fisheries & Wildlife

Massachusetts' highest court upheld the state's "priority habitat" regulations insofar as they allow the Massachusetts Division of Fisheries and Wildlife to designate priority habitat without affording landowners the procedural protections statutorily due to those owning property within "significant...

Hughes v. Department of Environmental Quality

A Michigan appellate court held that Mich. Admin. Rule 324.102(x), which defines the term “injection well,” does not include wells completed using hydraulic fracturing. Accordingly, "frack" wells are not subject to the environmental regulations applicable to injection wells. For a well to be cat...

Thompson v. Heineman

A district court held that a Nebraska law passed in 2012 to expedite the approval of a new route for the controversial Keystone XL pipeline through the state is unconstitutional. Article IV, §20, of the Nebraska Constitution commits exclusively to the Nebraska Public Service Commission (PSC) the au...

Pennsylvania v. Allegheny Energy Inc.

A district court rejected a group of mid-Atlantic states' claims that projects undertaken by an energy company at three of its coal-fired power plants in Pennsylvania violated the CAA's prevention of significant deterioration and new source performance standards requirements. The states sought an in...

Kansas City, Missouri v. Chastain

The Supreme Court of Missouri reversed and remanded a lower court decision that a proposed ordinance that would impose additional sales taxes to pay for a light rail system in Kansas City, Missouri, violates the state constitution. The case arose after a community activist sought to place the ordina...

Washington Environmental Council v. Bellon

The Ninth Circuit refused to rehear a case in which it previously ruled that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. One of the judge...