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Colorado Oil & Gas Ass'n v. City of Lafayette, Colorado
A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on all oil and gas extraction and related activities within the city's boundaries. The court held that the operational conflict in this case was "obvious and patent" on its face. There is no way to harmonize t...
Gorsline v. Board of Supervisors of Fairfield Township
A Pennsylvania court vacated and reversed a town's decision to issue a special use permit allowing an energy company to construct and operate an unconventional natural gas well pad near landowners' private property. The landowners presented substantial evidence that there is a high degree of probabi...
Exelon Wind 1, LLC v. Nelson
The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...
Clean Water Action Council of Northeastern Wisconsin, Inc. v. United States Environmental Protection Agency
The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources count as part of the emissions baseline and not toward the overal...
Sierra Club v. Energy Future Holdings Corp
A district court ordered an environmental group to pay $6.4 million in attorney fees in a citizen suit it filed against the owners of a Texas coal-fired power plant for alleged CAA violations. Below, the court dismissed the group's claims that the plant violated the Act's particulate matter (PM) and...
South Carolina Public Service Authority v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators to participate in regional transmission planning to prevent undue discrimination and preference in trans...
Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Comm'n
The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm th...