A district court, in three separate opinions, dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are ...

A district court dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on th...

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to fund alternative energy projects under the Energy Policy Act of 2...

A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims that ...

The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used to quantify the connection between SOx and NOx in the air an...

The D.C. Circuit vacated FERC's "demand response" order, which seeks to incentivize retail customers to reduce electricity consumption when economically efficient. The order directs independent system operators to pay electricity users who cut consumption when prices and consumption are high the sam...