Beardslee v. Inflection Energy, LLC
The Second Circuit held that New York's moratorium on hydraulic fracturing did not allow energy companies to extend oil and gas leases they entered into with landowners. The leases contained "force majeure" clauses, excusing the parties from nonperformance due to events outside their control, as wel...
Shearwater v. Ashe
A district court held that FWS violated NEPA when it issued a rule increasing from five years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and golden eagles. FWS issued the rule in hopes of promoting renewable energy projects. But when it issued th...
Solonex, LLC v. Jewell
A district court held that DOI has unreasonably delayed agency action in the agency's review of an oil and gas drilling permit on BLM lands in Montana held sacred to Native Americans. Under the APA, agencies must decide issues presented to them within a reasonable time. Here, BLM initially approved ...