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Living Rivers v. U.S. Oil Sands, Inc.

The Supreme Court of Utah dismissed an environmental group's lawsuit challenging the state's issuance of a discharge permit for a tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008. In 2011, the Utah...

Lubbock, Texas v. Coyote Lake Ranch, LLC

A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's property. The city owns the groundwater rights under the landowner's property, and in 2012 it proposed a well ...

Hughes v. Treadwell

The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed. Despite mining associations' arguments to the contrary, the "Bristol B...

Coal River Energy, LLC v. Jewell

The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they produce by mining. The regulation requires mine operators to pay the reclamation fee when the coal is ult...

Pebble Ltd. Partnership v. Lake & Peninsula Borough

An Alaska court held that state law impliedly preempts a ballot initiative that would allow a local borough to prohibit the issuance of a permit for large-scale mines that would have a significant adverse impact on salmon-bearing waters. The court rejected the state's claim that the initiative, loca...