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Category: Litigation

  US Supreme Court Finds Forest Service Can Lease Land Under Appalachian Trail for Pipeline Development

In perhaps the most consequential environment and energy case heard by the Supreme Court this term, the justices overruled a decision by the Fourth U.S. Circuit Court of Appeals that the Forest Service did not have the power to authorize the Atlantic Coast Pipeline’s natural gas project to pass beneath the trail. In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, […]

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Victory for Standing Rock Sioux Tribe 

Mon Jun 22nd, On Litigation, by

Since 2016, The Standing Rock Sioux Tribe of North Dakota has been fighting for a more extensive and thorough review of the environmental impact of the Dakota Access Pipeline (“DAPL”). The Standing Rock Tribe and numerous environmental activist groups heavily opposed construction of the pipeline underneath Lake Oahe.  Among their main concerns was the high potential for environmental damage to the lake, which the tribe relies on for drinking water, […]

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California and 16 States and Cities Sue EPA in Federal Court Over Clean Water Act 2020 Rule

Mon May 4th, On Litigation, by

Seventeen states and cities (California, Connecticut, Illinois, Maine, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, Massachusetts and Virginia, along with the District of Columbia and New York City) filed a complaint in the U.S. District Court for the Northern District of California last week seeking judicial review under the Administrative Procedure Act (“APA”) of a rule promulgated by the U.S. Environmental […]

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The Supreme Court Creates “Functional Equivalent” Test in Clean Water Act Case

Mon Apr 27th, On Litigation, by

Last Thursday, the Supreme Court tried to balance the federal regulation of point-source pollution with states’ regulation of nonpoint-source pollution under the Clean Water Act (“CWA”) in County of Maui v. Hawaii Wildlife Fund. The Supreme Court’s majority opinion left as many questions as answers, however, as it created a new “functional equivalent” standard, but failed to define what constitutes the “functional equivalent” of a “direct discharge.” In short, a […]

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