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Wallach v. New York State Department of Environmental Conservation

A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The trustee to a bankrupt energy company filed the lawsuit, claiming that the company's bankruptcy and inability to develop its mineral rights stem from the state's failure to f...

Colorado Oil & Gas Ass'n v. City of Longmont, Colorado

A Colorado court struck down a city's ban on hydraulic fracturing. In 2012, voters passed an amendment to the city charter that bans fracking and the storage and disposal of fracking waste within city limits. The oil and gas industry challenged the ban, arguing that it was preempted. The court agree...

Robinson Township v. Commonwealth

A Pennsylvania court severed in part and struck down in part certain provisions of Act 13, pertaining to oil and gas operations in the Marcellus Shale, that the Pennsylvania Supreme Court left undisturbed in its December 2013 decision invalidating portions of the law on constitutional grounds. On re...

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC

The First Circuit vacated and remanded a lower court decision dismissing environmental groups' CWA claims against the operators of four hydroelectric dams along the Kennebec River. The groups alleged that the operators are in violation of their water quality certifications, and thus the CWA, because...