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Commonwealth Edison Co. v. Illinois Commerce Comm'n
An Illinois appellate court upheld a state plan requiring state utilities to purchase power from a coal-fueled, near-zero emissions electric power plant. State utilities challenged the plan, arguing that the Illinois Power Agency has no power to propose, and the Illinois Commerce Commission has no p...
Joint Landowners Coalition of New York v. Cuomo
A New York court dismissed mineral rights owners' lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The owners filed the lawsuit under the State Environmental Quality Review Act (SEQRA), claiming that the state's failure to finalize the standards for high-...
Wallach v. New York State Department of Environmental Conservation
A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The trustee to a bankrupt energy company filed the lawsuit, claiming that the company's bankruptcy and inability to develop its mineral rights stem from the state's failure to f...
Colorado Oil & Gas Ass'n v. City of Longmont, Colorado
A Colorado court struck down a city's ban on hydraulic fracturing. In 2012, voters passed an amendment to the city charter that bans fracking and the storage and disposal of fracking waste within city limits. The oil and gas industry challenged the ban, arguing that it was preempted. The court agree...
Robinson Township v. Commonwealth
A Pennsylvania court severed in part and struck down in part certain provisions of Act 13, pertaining to oil and gas operations in the Marcellus Shale, that the Pennsylvania Supreme Court left undisturbed in its December 2013 decision invalidating portions of the law on constitutional grounds. On re...
WildEarth Guardians v. U.S. Environmental Protection Agency
The Ninth Circuit upheld EPA's approval of Nevada's SIP for regional haze. In the SIP, Nevada provided reasonable progress goals for attaining natural visibility conditions at the Jarbridge Wilderness Area in remote northeastern Nevada, the state’s only Class I federal area. The SIP further requir...
United States v. Volvo Powertrain Corp.
The D.C. Circuit upheld a $72 million judgment against an automobile manufacturer for violating a consent decree requiring certain model year 2005 engines to comply with EPA’s model-year 2006 nitrogen oxide (NOx) emissions standard. In 1998, EPA alleged that several major engine manufacturers viol...