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Weekly Cases Update Volume 45, Issue 26

Walker v. Husted

ELR 20173
2015-OHIO-3749 (Ohio, September 2015)

The Supreme Court of Ohio upheld the Ohio Secretary of State's invalidation of three county ballot measures that, if approved by voters, would have banned high-volume hydraulic fracturing as a method of oil and gas extraction in those jurisdictions. Despite the secretary's conclusion to the...

Hydraulic Fracturing, Ohio

Defenders of Wildlife v. United States Forest Service

ELR 20172
14-02446 (D. Ariz., September 2015)

A district court held that the U.S. Forest Service violated NEPA when it categorically excluded from environmental review a mining company's proposed mineral exploration plan in the Coronado National Forest. The Forest Service categorically excluded the project because it concluded that the...

Categorical exemption, Coronado National Forest, Ariz.

In re Application of North Dakota Pipeline Co.

ELR 20171
A15-0016 (Minn. Ct. App., September 2015)

A Minnesota appellate court held that the state's public utilities commission will need to prepare an EIS under the Minnesota Environmental Policy Act (MEPA) before it can make a final decision on whether to grant or deny a certificate of need for a large oil pipeline. A pipeline company filed...

Energy (generally), Minnesota Environmental Policy Act

Gorsline v. Board of Supervisors of Fairfield Township

ELR 20170
1735 C.D. 2014 (Pa. Commw. Ct., September 2015)

A Pennsylvania appellate court reversed a lower court order denying an energy company's application to construct and operate a natural gas well on land it has leased from a private landowner. The local board had granted the company a conditional use permit for the well, but the lower court set...

Energy (generally), Land use, Zoning

Cascadia Wildlands v. Bureau of Indian Affairs

ELR 20169
14-35553 (9th Cir., September 2015)

The Ninth Circuit upheld the Bureau of Indian Affairs' (BIA's) approval of a Native American tribe's plan to harvest 268 acres of timber in the Coquille Forest in southwest Oregon. An environmental group challenged the approval, arguing that BIA failed to adequately consider the cumulative...

National forests, National forests

Swinomish Indian Tribal Community v. BNSF Railway Co.

ELR 20168
C15-543RSL (W.D. Wash., September 2015)

A district court held that a Native American tribe that occupies land on Fidalgo Island in Skagit County, Washington, may go forward with trespass and breach of contract claims against a railroad company for violating the terms of a right-of-way easement agreement. The easement grants the...

Easements