Border Farm Trust v. Samson Resources Co.
A district court dismissed mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on the illega...
Wisdahl v. XTO Energy, Inc.
A district court, in three separate opinions, dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are ...
Sorenson v. Burlington Resources Oil & Gas Co., L.P.
A district court dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on th...
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States if ...
Klein v. United States Department of Energy
The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to fund alternative energy projects under the Energy Policy Act of 2...
Masias v. Colorado Springs Utilities
A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims that ...
Thompson Corners, LLC v. New York State Department of Environmental Conservation
A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of corrective action on the property. Article 27 of New York's Environmen...
Pacific Hide & Fur Depot v. Great American Insurance Co.
A district court held that an insurance company breached its duty to defend a steel company in an underlying contribution case under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CERCA) stemming from the company's alleged release or threatened release of hazardous substances ...
Center for Biological Diversity v. Environmental Protection Agency
The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used to quantify the connection between SOx and NOx in the air an...