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Wayne Land & Mineral Group LLC v. Delaware River Basin Commission

The Third Circuit vacated a lower court's dismissal of a company's claim that the Delaware River Basin Commission did not have authority to review the company's proposed fracking activities. The company argued that the Commission lacked authority under the Delaware River Basin Compact to review and ...

American Rivers v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and biological ...

Tindall v. First Solar, Inc.

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The shareholders alleged that the officers and directors of the company breach...

Silfab Solar, Inc. v. United States

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30% tariff on...

Marcellus Shale Coalition v. Department of Environmental Protection

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...

Gorsline v. Board of Supervisors of Fairfield Township

Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and agricultural uses. The lower court held that the proposed gas well wa...

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland

A district court held that a city council breached a development agreement for a proposed export terminal when it passed an ordinance that banned coal operations at "bulk materials facilities" as well as a resolution that applied the ban to the proposed terminal. The development agreement froze in p...

Colorado Oil & Gas Ass'n v. City of Thornton

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...

Diné Citizens Against Ruining Our Environment v. Jewell

A district court dismissed environmental groups' NEPA and National Historic Preservation Act (NHPA) claims against BLM in connection with its approval of oil and gas drilling on public and tribal lands near Cacho Cultural National Historical Park. The court agreed that the groups have standing to pu...