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Results: 1-10 of 16

Fifth Circuit shuts down climate tort plaintiffs again

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • May 20 2013

Climate tort plaintiffs cannot catch a break in the Fifth Circuit Court of Appeals. In a May 14, 2013, decision, the Fifth Circuit foundonce

Environmental organizations lack standing to appeal agency rulemaking

  • Squire Sanders
  • -
  • USA
  • -
  • July 13 2012

The court in Wildearth Guardians v. Salazar held that plaintiff environmental organizations lacked standing to challenge a decision by the Bureau of Land Management (BLM) not to recertify the Powder River Basin as a “coal production region”

PPL Montana, LLC v. Montana: SCOTUS issues first navigability-for-title decision in 81 years

  • Squire Sanders
  • -
  • USA
  • -
  • July 13 2012

The last time the US Supreme Court took on a case where the primary issue was determining river navigability for title purposes under the equal footing doctrine, the country was mired in economic depression, car manufacturers were going out of business, and drought was consuming the west

Does Sackett add to the enforcement defense toolbox for energy companies

  • King & Spalding LLP
  • -
  • USA
  • -
  • May 2 2012

In its highly anticipated decision in Sackett v. EPA, the Supreme Court unanimously held that landowners may bring a civil action under the Administrative Procedure Act (“APA”) to challenge an EPA compliance order issued under the Clean Water Act (“CWA”

Texas Supreme Court rules groundwater rights are property rights

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 9 2012

In a unanimous decision, the Texas Supreme Court has held that “land ownership includes an interest in groundwater in place that cannot be taken for public use without adequate compensation”

Don’t mess with the water in Texas

  • Locke Lord LLP
  • -
  • USA
  • -
  • March 7 2012

Texas groundwater has long been governed by the Rule of Capture, which provides that the person who owns the surface may collect groundwater even if it interrupts or drains the water from his neighbor’s property

Proposed reforms to Bureau of Indian Affairs surface leasing regulations could encourage wind and solar resource development on Indian land

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 10 2012

The Bureau of Indian Affairs has proposed significant reforms to its current regulations for non-agricultural surface leases on Indian land

Farmers' advocacy group enters foray against solar energy siting

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 5 2012

On October 31, 2011, the California Farm Bureau Federation petitioned the Superior Court in Fresno County for a peremptory writ of mandate and filed a complaint for injunctive relief to force the County to reverse its recent cancellation of a Williamson Act contract

Party cannot rely on pleadings at summary judgment stage

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 28 2011

Cedar Farm owns almost 2500 acres of property bordering the Ohio River in southern Indiana

Rapanos wetlands confusion: Third Circuit accentuates the circuit split

  • Taft Stettinius & Hollister LLP
  • -
  • USA
  • -
  • November 4 2011

When the United States Supreme Court issued its wetlands defining decision in Rapanos v. United States, environmental practitioners, real estate developers, and consultants believed that boundaries would be set for determining when a wetland was regulated under the Clean Water Act

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