New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the case is the "Mud Pond Waterway," a two-mile-long system of ponds a...

The D.C. Circuit, in an unpublished opinion, upheld a lower court's grant of summary judgment in favor of the Bureau of Safety and Environmental Enforcement (BSEE) after it ordered an energy company to permanently plug and abandon one of its natural gas wells off the coast of California. The company...

The Supreme Court of Colorado held that state law preempts a city's five-year moratorium on hydraulic fracturing and waste disposal within city limits. Although the Colorado Constitution recognizes the sovereignty of "home rule cities," allowing home rule cities to regulate matters of local concern,...

The Supreme Court of Colorado held that state law preempts a city's ban on hydraulic fracturing and waste disposal within city limits. The Colorado Constitution recognizes the sovereignty of "home rule cities," meaning that in matters of local concern, a home-rule ordinance supersedes a conflicting ...