The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas. Because Okla...

A district court held that an energy company did not violate the CAA when it failed to obtain a new source review (NSR) permit prior to renovating electric utility steam generating units at its Monroe, Michigan, power plant. The government argued that a permit was required because the renovations co...

The Seventh Circuit upheld a $100,000 penalty assessment against three power plant developers for PSD permit violations at a proposed coal-fired power plant site. The court previously held that the developers' PSD permit expired because they failed to begin construction within the permit's 18-month ...