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Thompson v. Heineman

The Nebraska Supreme Court upheld state legislation enacted in 2012 that permits major oil pipeline carriers to obtain approval from the governor to exercise the power of eminent domain for building a pipeline—such as the controversial Keystone XL—in Nebraska. A lower court held that the law was...

Across Big Sky Flow Testing, LLC v. Workforce Safety & Insurance

The North Dakota Supreme Court upheld an administrative law judge's (ALJ's) award of benefits in the death of an oil-tank worker. According to the medical examiner's report, the worker died from hydrocarbon poisoning due to the inhalation of petroleum vapors from oil storage tanks. His employer argu...

Dart Cherokee Basin Operating Co. v. Owens

The U.S. Supreme Court held that a district court erred in remanding to state court landowners' class action lawsuit seeking compensation for damages they sustained when an energy company allegedly underpaid royalties due under certain oil and gas leases. The lawsuit was originally filed in state co...

Sierra Club v. United States Environmental Protection Agency

The Seventh Circuit denied a petition for review challenging EPA’s decisions to redesignate three geographic areas—Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area—as having attained the 1997 NAAQS for ozone. Before redesignating an area, the CAA requires EPA t...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission standards or limitations under its Title V permit. Indeed, it is...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit held that EPA's regulations implementing the 2008 NAAQS for ozone exceed the Agency’s authority under the CAA. In 2008, EPA revised and strengthened the standards for ozone pursuant to the CAA. One of the revisions extended the deadline for some regions to attain the new standards...

Parish of Plaquemines v. Total Petrochemical & Refining USA, Inc.

A district court remanded to state court a Louisiana parish's lawsuit against 19 oil and gas companies for alleged environmental damages stemming from the companies' exploration, production, and transportation activities. The parish claims these operations were conducted in violation of the State an...

Smith v. Illinois Department of Natural Resources

An Illinois court denied residents' motion to preliminarily enjoin the state's proposed hydraulic fracturing rules from going into effect. Illinois' environmental agency promulgated the rules under the state Hydraulic Fracturing Regulatory Act on November 14, 2014, but they will not go into effect u...