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Virginia Electric and Power Co. v. Bransen Energy, Inc.
The Fourth Circuit upheld over $22 million in damages that an energy company was ordered to pay to a Virginia utility because the coal supplied to a new power plant was of such poor quality it couldn't initially be used. When the plant was commissioned, the utility entered into an option contract to...
Drones and Environmental Monitoring
Aerial drones are emerging as an effective tool for environmental monitoring and enforcement because of their ability to reach areas that would be otherwise inaccessible or cost-prohibitive. However, the regulatory framework has not developed as fast as the technology, raising concerns. As EPA and other agencies consider using drones to monitor industrial sites and farmland, many landowners claim it would be an invasion of privacy. Using drones for inspections also raises legal questions about information obtained from drone flyovers and the associated evidentiary requirements.
Great Basin Resource Watch v. Bureau of Land Management
The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada. Environmental groups filed suit against BLM, challenging the agency's analysis of the project's cumulative air impacts and the baseline levels of certain air pollutants, and the...