The Fifth Circuit held that DOI did not violate a district court order preliminarily enjoining enforcement of a drilling moratorium following the 2010 Deepwater Horizon accident in the Gulf of Mexico by issuing a second drilling ban. Shortly after the spill, at the president's direction, DOI prohibi...

The Eleventh Circuit affirmed a lower court decision dismissing a county's lawsuit challenging a Federal Housing Finance Agency (FHFA) directive advising Fannie Mae and Freddie Mac to refrain from purchasing mortgages encumbered with certain first-priority lien obligations under the Property Assesse...

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury, ...

An Indiana appeals court reversed the Indiana Utility Regulatory Commission's approval of a purchase and sales agreement for "substitute natural gas" an energy company plans to produce at its new coal gasification plant. The contract meets the common law definition of an enforceable contract. It als...

The Second Circuit upheld the dismissal of two lawsuits challenging a Federal Housing Finance Agency (FHFA) directive directing Fannie Mae and Freddie Mac to take "prudential actions" to protect themselves against risks raised by Property Assessed Clean Energy (PACE) programs that impose priority- o...