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Native American law watch - spring 2014

  • Modrall Sperling Roehl Harris & Sisk PA
  • -
  • USA
  • -
  • March 25 2014

On December 30, 2013, working shoulder to shoulder with its client BHP Billiton New Mexico Coal, Inc. and cocounsel, Modrall Sperling complete

2013 Ohio oil and gas law review

  • Vorys Sater Seymour and Pease LLP
  • -
  • USA
  • -
  • February 20 2014

This past year proved active for Ohio's oil and gas industry. We saw exploration and drilling operations increase substantially and migrate further

First District publishes significant CEQA decision on legal feasibility of mitigation for prime farmland losses in Masonite Corporation v. County of Mendocino

  • Miller Starr Regalia
  • -
  • USA
  • -
  • August 2 2013

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court's judgment denying a writ petition

The sun is shining on solar: deference to lead agency given in Panoche Valley solar project CEQAWilliamson Act decision

  • Holland & Knight LLP
  • -
  • USA
  • -
  • July 3 2013

In a recent California appellate decision addressing a challenge under the California Environmental Quality Act (CEQA) and the Williamson Act to the

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