New Mexico Department of Game & Fish v. United States Department of Interior
A district court preliminarily enjoined FWS from releasing endangered Mexican wolves in New Mexico without first obtaining the necessary permits from the state's game and wildlife agency. New Mexico law requires all persons who import and release non-domesticated animals to obtain a permit before do...
EQT Production Co. v. Wender
A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes a general, countywide ban on all storage of wastewater except for temporary storage of wastewater at drillin...
Protect Our Communities Foundation v. Jewell
The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act i...
Oregon Natural Desert Ass’n v. Jewell
The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA. The challenged project entails the construction of wind turbines and a right-of-way across a sagebrush landsc...
Coyote Lake Ranch, LLC v. City of Lubbock
The Texas Supreme Court held that the common-law "accommodation doctrine," which gives an oil-and-gas lessee an implied right to use the land as reasonably necessary to produce and remove the minerals as long as it exercises that right with due regard for the landowner's rights, also extends to grou...
State v. Atlantic Richfield Co.
The Vermont Supreme Court affirmed a lower court decision dismissing as untimely the state's claims against a number of companies for generalized injury to state waters due to groundwater contamination from methyl tertiary butyl ether, a gasoline additive. The state's lawsuit was barred by the six-y...