Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the ruling o...

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...

A Texas court, ruling on a petition for pre-suit discovery, held that it would have jurisdiction over a major oil corporation's potential lawsuit against several California cities that have filed suit against it relating to climate change. The company's potential claims would allege, among other thi...

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks prohibit what state regulations would allow. As such, they are preem...

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth. The case arose after the state environmental agency a...

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining. Nevertheless, th...