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Yaw v. Delaware River Basin Commission

The Third Circuit affirmed dismissal of a challenge to the Delaware River Basin Commission's ban on high-volume hydraulic fracturing in the Delaware River Basin. Pennsylvania state senators, a state caucus, and several municipalities argued the Commission exceeded its authority under the Delaware Ri...

Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission

The New Mexico Supreme Court overturned regulations promulgated by the State Game Commission in 2017 that outlined a process for landowners to obtain a certificate allowing them to close public access to segments of public water flowing over private property. Outdoor recreation advocates challenged ...

NextEra Energy Capital Holdings, Inc. v. Lake

The Fifth Circuit affirmed in part and reversed in part a district court’s dismissal of a lawsuit concerning a 2019 Texas law that allows only owners of existing transmission lines in the state to build, own, or operate new lines that connect to existing lines. A company seeking to enter the state...

National Wildlife Refuge Ass'n v. Rural Utilities Service

A district court denied a request by conservation groups to halt all construction on a transmission line project from Iowa to Wisconsin pending the transmission companies' appeal of a prior order enjoining construction of a section of the line across the Upper Mississippi River National Wildlife and...