Cooperstown Holstein Corp. v. Town of Middlefield
A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two gas leases argued that §23-0303 of New York's Environmental Conservation Law preempts the zoning law. The...
ATK Launch Systems, Inc. v. Environmental Protection Agency
The D.C. Circuit upheld EPA's rule designating certain areas in Utah as nonattainment for the 2006 24-hour fine particulate matter (PM2.5) standard. Petitioners—two counties, three cities, and an aerospace and defense company—challenged the inclusion of parts of Tooele and Box Elder Counties wit...
Anschutz Exploration Corp. v. Town of Dryden
A New York court upheld a town's zoning amendment that bans hydraulic fracturing (hydrofracking) within its jurisdiction. The zoning amendment was enacted in response to a petition from town residents concerned about hydrofracking's impact on ground and surface water supplies. An energy company ...
PPL Montana, LLC v. Montana
The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds passed to Montana when it became a state in 1889 and awarded alm...