Precon Development Corp. v. United States Army Corps of Engineers
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The developer wanted to fill 4.8 acres of wetlands in order to build 10 homes. The wetlands are loca...
Bass Energy v. City of Broadview Heights
An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to protect the public health and general welfare. But the ban is in...
Center for Sustainable Economy v. Jewell
The D.C. Circuit upheld DOI's five-year plan for oil and gas leases on the outer continental shelf (OCS). A nonprofit group argued that the 2012-2017 leasing schedule violated §18(a) of the Outer Continental Shelf Lands Act, which governs how DOI is to balance competing economic, social, and enviro...
Kansas v. Nebraska
The U.S. Supreme Court adopted a Special Master's determination that Nebraska "knowingly failed" to comply with its obligations under a 2002 settlement agreement that resolved an underlying water allocation dispute between Nebraska and Kansas. The settlement established mechanisms to accurately meas...
Tesoro Alaska Co. v. Federal Energy Regulatory Comm'n
The D.C. Circuit upheld FERC's approval of a cost-pooling agreement among Trans Alaska Pipeline System oil carriers that allocates most fixed costs on the basis of each carrier's share of combined interstate and intrastate utilization of the 800-mile pipeline. Two carriers that only ship oil within ...