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Apache Corp. v. W&T Offshore, Inc.
The Fifth Circuit held that a "farmout agreement," under which the owner of a federal offshore oil and gas lease transferred its rights to drill to another drilling operator, does not require the operator to bear a proportionate share of the costs of decommissioning an oil platform at the le...
L.S. Starrett Co. v. Federal Energy Regulatory Commission
The First Circuit upheld a FERC order requiring a precision tool and instrument manufacturer to seek licensing under §23(b) of the Federal Power Act before it can proceed with certain changes to a hydroelectric generating facility project on its property. Under §23(b), the company must seek l...
Genon Mid-Atlantic, LLC v. Montgomery County, Maryland
The Fourth Circuit held that the Tax Injunction Act does not bar the owner of a power plant from challenging an excise tax on carbon dioxide emissions. A lower court ruled that it lacked jurisdiction under the Tax Injunction Act because the carbon charge was a tax. But of all the carbon dioxide...
American Electric Power Co. v. Connecticut
The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A group of states, private land trusts, and a city a filed suit against four power companies and the TVA claiming that their e...
New Jersey Environmental Federation v. United States Nuclear Regulatory Commission,
The Third Circuit denied environmental groups' petition for review of an NRC decision granting a license renewal for the Oyster Creek Nuclear Generating Station. The groups, who intervened in the license renewal proceedings, offered several contentions challenging the licensee's plans to detect...
Association of Irritated Residents v. California Air Resources Board
A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade. The court ruled that the board inadequately described and analyzed project alternatives in violation of the...
Boeing Co. v. Robinson
A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standards ...