Bridger Lake, LLC v. Seneca Insurance Co.
A district court held that under Wyoming law, an insurance company need not cover a pipeline operator for damages resulting from a ruptured pipeline that discharged more than 4,000 barrels of crude oil over a five-day period. The policy's pollution exclusion clause bars coverage for the spill. Altho...
Chlorine Institute, Inc. v. Federal Rail Administration
The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015, on certain t...
American Trucking Ass'ns v. Los Angeles, City of
The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...
Tarrant Regional Water District v. Herrmann
The U.S. Supreme Court held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause and are not preempted by the Red River Water Compact—an interstate water compact that allocates water among Texas, Okl...
Illinois Commerce Commission v. Federal Energy Regulatory Commission
The Seventh Circuit upheld a FERC order allowing a regional electricity transmission system to apportion costs for new power lines necessary to bring power generated from wind farms in the Great Plains to urban centers among all the utilities drawing electricity from the grid. The costs would be all...