The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing requirements, and chemical disclosure requirements, and increas...

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a rule establishing volume requirements and the resulting percen...

A district court abstained from rendering a decision in a case concerning earthquakes allegedly caused by fracking operations in Oklahoma, choosing to instead defer to the expertise of a state commission. An environmental group brought suit against the energy company claiming that its fracking opera...

A district court upheld the Delaware River Basin Commission's fracking ban against a challenge from a energy company. Upon the Commission's creation, it was codified that no project that had a substantial effect on the water resources of the basin would be undertaken without the Commission's approva...

The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources and protection of public health, safety, and welfare. In Novemb...

A district court denied injunctive relief against the Bureau of Ocean Energy Management for failure to comply with NEPA in connection with its wind energy leasing. The Bureau leased a nautical area off the coast of New York to an energy company for the development of a wind energy facility. The plai...

The D.C. Circuit dismissed as untimely a U.S. biofuel trade group’s lawsuit challenging EPA's decision to allow a group of Argentine biofuel producers to use certain recordkeeping practices in connection with sales of their product in the United States, and challenging the 2010 rule under which th...

A Pennsylvania court preliminarily enjoined the commonwealth from enforcing certain Marcellus Shale drilling regulations pending the outcome of an industry group's lawsuit. The group alleged that the regulations were unreasonable, violated state law, were void for vagueness, and that the government ...

The Tenth Circuit upheld a lower court decision denying environmental group's request to preliminarily enjoin the drilling of certain oil and gas wells in the Mancos Shale formation of the San Juan Basin in New Mexico. The groups filed a lawsuit under NEPA challenging 260 drilling permits in the Man...

The D.C. Circuit dismissed Connecticut's and a citizen group's lawsuit against FERC in which they alleged that the agency failed to ensure that the 2014 wholesale electricity capacity rates in New England were just and reasonable. Due to insufficient competition, the 2014 "forward-capacity market" a...