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Garrison v. New Fashion Pork LLP
The Iowa Supreme Court, 4-3, affirmed a summary judgment order dismissing a landowner's nuisance, trespass, and drainage claims against a neighboring confined animal feeding operation (CAFO). The neighboring CAFO moved for summary judgment based on the statutory immunity enacted in Iowa's "right-to-...
Belmont Municipal Light Department v. Federal Energy Regulatory Commission
The D.C. Circuit granted in part and denied in part petitions to review FERC's order approving the Independent System Operator for New England's (ISO-NE's) tariff revisions that compensated power plants for maintaining up to three days' worth of fuel on-site to generate electricity during winter mon...
Salisbury, North Carolina v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pum...