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Results: 11-16 of 16

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

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

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

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”

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”