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Rethinking the Federal-State Relationship
Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.
EQT Production Co. v. Crowder
A state high court affirmed a partial summary judgment for landowners in a challenge to an oil company's use of their land to extract natural gas from neighboring properties. The landowners argued that the company's lease did not allow it to use their land to extract oil and gas from neighboring min...
United Steelworkers v. Mine Safety and Health Administration
The D.C. Circuit vacated the Mine Safety and Health Administration's (MSHA's) 2018 amendment to a 2017 safety standard that required mine operators to examine areas before miners began work and record any conditions that could adversely affect workers' safety and health. Union groups argued the amen...
EQT Production Co. v. Jefferson Hills, Borough of
A state high court held that a borough council was allowed to consider residents' testimony regarding firsthand experiences with a natural gas extraction company's hydraulic fracturing facility in a neighboring township in a hearing on the company's conditional use application to construct and opera...
Wildearth Guardians v. Chao
A district court denied the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) motion to dismiss a challenge to the agency's pipeline inspection regulations. An environmental group argued that PHMSA's existing regulations did not encompass all oil and gas pipelines that crossed feder...