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Minnesota Sands, LLC v. Winona, Minnesota, County of
Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the dormant Commerce Clause by discriminating against its business. The hi...
NextEra Energy Capital Holdings, Inc. v. Walker
A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred it from obtaining a certificate of convenience and necessity for ...
Drewes Farms Partnership v. Toledo, City of
A district court held invalid an amendment to the city of Toledo's charter that gave legal rights to Lake Erie. A local family farm argued the amendment was unconstitutionally vague and thus that it should be invalidated. The court found that the environmental rights of the lake and its watershed to...
United States v. California
A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S. Constitution because it was binding and "confederat[ed] the laws of the two jurisdictio...
Mayor and City Council of Baltimore v. BP P.L.C.
The Fourth Circuit upheld a district court order that remanded to state court the city of Baltimore's climate change case against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme precip...
Maryland v. Federal Aviation Administration
The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport. The state argued the new flight paths, which concentrated aircraft noise over its public lands, should be vacated because th...
Building Credibility: Lessons From the Leadership of William Ruckelshaus
The recent passing of William D. Ruckelshaus has recalled and re-invited comparisons between the Trump and Nixon presidencies. Although Ruckelshaus might be most widely remembered for the “Saturday Night Massacre,” a review of his career in the Nixon and Reagan Administrations demonstrates a through-line of sound administration and independent regulatory leadership, at times in contrast to or in spite of his political environment.