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California Restaurant Ass'n v. Berkeley, City of
A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Poli...
Conservation Law Foundation v. Exxon Mobil Corp.
The First Circuit vacated a district court order staying a CWA and RCRA citizen suit brought against an oil company. An environmental group argued, among other things, that the company had violated CWA and RCRA by failing to account for climate change factors at its petroleum storage and distributio...
Vote Solar v. Farmington, City of
The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district c...
Prairie Rivers Network v. Dynegy Midwest Generation, LLC
The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant into groundwater that in turn entered the Middle Fork of the Verm...