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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...

Methyl Tertiary Butyl Ether

A district court dismissed Pennsylvania's public nuisance, trespass, and Pennsylvania Unfair Trade Practice and Consumer Protection Law claims against various refiners, manufacturers, marketers, distributors, and suppliers of methyl tertiary butyl ether (MTBE), a gasoline additive. The case is part ...

Public Service Co. of Colorado v. City of Boulder

A Colorado court upheld a city's decision to create a local electric utility. An electric company argued that the city council exceeded its authority when it created the utility. But the company missed the 28-day deadline for challenging quasi-judicial decisions. When the city declared that the cond...

Foster v. Washington Department of Ecology

A Washington court ordered the state's environmental agency to reconsider its denial of youths' petition asking the agency to adopt rulemaking to limit greenhouse gas (GHG) emissions in accordance with the best available science. The youths had also petitioned the agency to recommend to the state le...

Turner v. Georgia River Network

Georgia's highest court held that the state's 25-foot buffer zone for development projects along state waters does not apply to wetlands. The applicable statute does not require a buffer for state waters alongside banks without "wrested vegetation." The language at issue states, in pertinent part: "...

Alaska Conservation Foundation v. Pebble Ltd. Partnership

The Supreme Court of Alaska reversed a lower court decision that plaintiffs challenging land and water use permits allowing intensive mineral exploration in Alaska's prospective Pebble Mine had "sufficient economic incentive" to warrant the imposition of attorney fees against them. The plaintiffs ha...

Aulukestai v. Alaska

The Supreme Court of Alaska held that the state's Department of Natural Resources should have provided public notice before issuing land and water use permits allowing intensive mineral exploration in the prospective Pebble Mine. The Alaska Constitution requires public notice when interests in land ...

In re Lipsky

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...

California Building Industry Ass'n v. State Water Resources Control Board

A California appellate court held that the state's water resources board did not violate state law when it voted 2-1 to increase water quality permit fees for the 2011-2012 fiscal year. When the board voted for the increase, two of the seats were vacant. A building association challenged the increas...