A district court denied emergency motions brought by environmental groups, ranchers, and tribes to halt construction of a lithium mine near Thacker Pass, Nevada, pending appeal. The plaintiffs initially argued BLM's approval of the mine violated FLPMA, NEPA, and the National Historic Preservation Ac...
A district court dismissed a challenge to the Michigan Public Service Commission's 2017 and 2018 orders requiring electricity suppliers to buy energy from local sources. Industry groups argued the local clearing requirement violated the dormant Commerce Clause. The court concluded the requirement di...
The Sixth Circuit reversed a district court's denial of a preliminary injunction in a lawsuit concerning a Kentucky law that offsets the state's severance tax on coal. A coal producer from Illinois, where there is no severance tax, argued the law discriminated against out-of-state coal in violation ...
Numerous cities, states, and counties have sued fossil fuel companies, with claims based on evidence found in the companies’ own internal documents and statements. These companies have argued their public statements are protected by the First Amendment’s freedom of speech and right to petition clauses. This Article describes the current litigation, discusses the companies’ statements disseminated through various sources, and summarizes U.S. Supreme Court precedent and caselaw on commercial speech.