The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-Sector General Permit for Stormwater Discharges Associated with Ind...

A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on all oil and gas extraction and related activities within the city's boundaries. The court held that the operational conflict in this case was "obvious and patent" on its face. There is no way to harmonize t...

A Pennsylvania court vacated and reversed a town's decision to issue a special use permit allowing an energy company to construct and operate an unconventional natural gas well pad near landowners' private property. The landowners presented substantial evidence that there is a high degree of probabi...

The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...

A district court issued its findings of fact and conclusions of law regarding phase one of the Deepwater Horizon oil spill trial, holding various companies liable for the spill. In the 150+-page opinion, the court determined that BP Exploration & Production, Inc., is subject to enhanced civil pe...