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Energy & Environment Cabinet v. Frasure Creek Mining, LLC

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair, reasonable, or in the public interest. The agency failed to provide any public notice or comment period prior to ...

Pioneer Reserve, LLC v. United States

The Federal Claims Court denied a motion to dismiss a wetlands mitigation bank's breach of contract claim against the government. A family formed the bank to manage two tracts of valuable land in Alaska that the family wanted to sell as a preserved natural resource to developers who were required to...

Pebble Ltd. Partnership v. Environmental Protection Agency

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the mine's lawsuit against the Agency for alleged Federal Advisory C...

Parish of Plaquemines v. Total Petrochemical & Refining USA, Inc.

A district court remanded to state court a Louisiana parish's lawsuit against 19 oil and gas companies for alleged environmental damages stemming from the companies' exploration, production, and transportation activities. The parish claims these operations were conducted in violation of the State an...

Smith v. Illinois Department of Natural Resources

An Illinois court denied residents' motion to preliminarily enjoin the state's proposed hydraulic fracturing rules from going into effect. Illinois' environmental agency promulgated the rules under the state Hydraulic Fracturing Regulatory Act on November 14, 2014, but they will not go into effect u...