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White Earth Nation v. Kerry
A district court dismissed a lawsuit filed against the State Department in connection with two upgrade projects for a major oil sands pipeline that crosses the U.S-Canada border. One project would replace an existing pipeline segment, and the second would construct an interconnection between two exi...
Western Minnesota Municipal Power Agency v. Federal Energy Regulatory Commission
The D.C. Circuit held that FERC violated the Federal Power Act (FPA) when it issued a preliminary permit for a hydroelectric project in Polk County, Iowa, to a private developer. The case involved FERC's interpretation of FPA §7(a), which grants preferential treatment to state and municipal applica...