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Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies argued that the court could not rule in the groups' favor becaus...

Border Farm Trust v. Samson Resources Co.

A district court dismissed mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on the illega...

Wisdahl v. XTO Energy, Inc.

A district court, in three separate opinions, dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are ...

Sorenson v. Burlington Resources Oil & Gas Co., L.P.

A district court dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on th...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States if ...

Klein v. United States Department of Energy

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to fund alternative energy projects under the Energy Policy Act of 2...

Electric Power Supply Ass'n v. Federal Energy Regulatory Commission

The D.C. Circuit vacated FERC's "demand response" order, which seeks to incentivize retail customers to reduce electricity consumption when economically efficient. The order directs independent system operators to pay electricity users who cut consumption when prices and consumption are high the sam...