The Federal Claims Court held that §1603(a) of the American Recovery and Reinvestment Tax Act of 2009, which requires partial reimbursement for certain "energy property," does not give rise to a claim for consequential damages resulting from the denial of such reimbursement. After the U.S. Treasury...

A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards. Section 42316 of the California Health and Safety Code authorized the district to ord...

The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree at issue in the case arose from a settlement between environment...

A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and...