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Renewable Fuels Ass'n v. United States Environmental Protection Agency
The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory requirement of an "extension" by confusing an extension of an exemption...
Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency
On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs.
Briggs v. Southwestern Energy Production Co.
The Pennsylvania Supreme Court vacated a lower court ruling that found an energy developer trespassed on neighboring landowners' property by extracting natural gas from their property by way of hydraulic fracturing without permission. The developer argued that the extraction did not amount to trespa...
Advisory Opinion to the Attorney General re Right to Competitive Energy Market For Customers of Investor-Owned Utilities; Allowing Energy Choice
In an advisory opinion to Florida's attorney general, the Florida high court concluded that a proposed initiative to amend the Florida Constitution to restructure the state's electricity markets should not be placed on the ballot. The attorney general argued that the initiative's title and summary f...