A district court ordered EPA to impose a "good neighbor” federal implementation plan (FIP) for Texas with respect to the 1997 fine particulate matter (PM2.5) NAAQS. In 2015, the D.C. Circuit invalidated portions of EPA's Cross-State Air Pollution Rule, which included a FIP addressing interstate tr...

A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes a general, countywide ban on all storage of wastewater except for temporary storage of wastewater at drillin...

A district court struck down BLM's rule regulating hydraulic fracturing on federal and Native American lands. Although FLPMA authorizes BLM to take any action necessary to prevent unnecessary or undue degradation of the lands by regulation or otherwise, the government failed to demonstrate that BLM ...