Application of North Dakota Pipeline Co.
A Minnesota appellate court held that the state's public utilities commission will need to prepare an EIS under the Minnesota Environmental Policy Act (MEPA) before it can make a final decision on whether to grant or deny a certificate of need for a large oil pipeline. A pipeline company filed appli...
Gorsline v. Board of Supervisors of Fairfield Township
A Pennsylvania appellate court reversed a lower court order denying an energy company's application to construct and operate a natural gas well on land it has leased from a private landowner. The local board had granted the company a conditional use permit for the well, but the lower court set it as...
Walker v. Husted
The Supreme Court of Ohio upheld the Ohio Secretary of State's invalidation of three county ballot measures that, if approved by voters, would have banned high-volume hydraulic fracturing as a method of oil and gas extraction in those jurisdictions. Despite the secretary's conclusion to the contrary...
American Fuels & Petrochemical Manufacturers Ass'n v. Corey
A district court largely dismissed claims challenging California's Low Carbon Fuel Standard, a collection of regulations promulgated by the California Air Resources Board to implement provisions of California Assembly Bill 32, the Global Warming Solutions Act of 2006. In September 2013, the Ninth Ci...
West Side Irrigation District v. California State Water Resources Control Board
A California court held that revised "curtailment letters" that the state water board sent to irrigation districts and water appropriators in the Central Valley no longer violate due process, and therefore denied the districts' motions for a preliminary injunction. The court previously ruled that th...
Indiana v. Environmental Protection Agency
The Seventh Circuit upheld EPA's approval of revisions to Illinois' SIP, thereby rejecting challenges raised by Indiana. Indiana argued that the relaxation of Illinois' vehicle emissions testing program will decrease the likelihood that the Chicago area—which includes two Indiana counties—will a...
Chinatown Neighborhood Ass'n v. Harris
The Ninth Circuit upheld California's "shark fin law", which bans the possession, sale, and distribution of shark fins within the state. An association claimed that the Magnuson-Stevens Fishery Conservation and Management Act preempts the law. But they failed to identify any actual conflict between ...
Animal Legal Defense Fund v. Otter
A district court held that an Idaho "ag-gag" law that criminalizes undercover investigations of agricultural production operations violates the U.S. Constitution. Under the law, a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when re...
Center for Biological Diversity v. California Dep't of Conservation
A California court denied an environmental group's motion to preliminarily enjoin emergency regulations governing the underground injection of wastewater produced by oil drilling. The emergency regulations establish a timeline for companies to stop injecting into certain wells, but it still gives so...