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North Dakota v. Heydinger
A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain language ap...
In re Regional Greenhouse Gas Initiative
A New Jersey appellate court held that the state's Department of Environmental Protection violated the New Jersey APA when it withdrew from the Regional Greenhouse Gas Initiative (RGGI) program. In 2011, the state posted a notice on the Department's website that is was withdrawing from the RGGI prog...
Powder River Basin Resource Council v. United States Bureau of Land Management
A district court dismissed environmental groups' claims that BLM violated NEPA when it approved a plan for developing a coal bed natural gas lease in an area of Wyoming's Powder River Basin as well as amendments to the applicable resource management plan for the area. The groups claimed that BLM aba...