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Cooperstown Holstein Corp. v. Town of Middlefield
A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two gas leases argued that §23-0303 of New York's Environmental Conservation Law preempts the zoning law. The...
Edwards Aquifer Authority v. Day
The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long held that landowners have ownership in oil and gas beneath their ...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court held that BP and Anadarko Petroleum are responsible parties under OPA for pollution stemming from the Deepwater Horizon disaster and subject to civil penalties under the CWA, but that issues remain as to whether Transocean can be held liable under the CWA. BP and Anadarko co-owned...
A Holistic Policy Agenda to Promote Green Business: Reflexive Law Fills the Gap
How can environmental law and policy best promote green business? This is an important question. Yet, the mechanisms that scholars have suggested thus far—the market, technology-based rules, and outcomebased regulations—do not provide a satisfactory answer. None of them can successfully foster green business as companies practice it today. Reflexive law can fill this gap. Reflexive law refers to those laws and policies that push firms to engage in self-regulation. It can foster green business in ways that the other methods cannot.
Noble Energy, Inc. v. Salazar
The D.C. Circuit remanded a Minerals Management Service (MMS) order obligating an oil and gas company to plug permanently and to abandon its oil wells off the coast of California. The company argued that its contractual obligations under the lease, including any duties to plug and abandon the well, ...
Wyoming v. United States Department of Interior
The Tenth Circuit dismissed petitions challenging National Park Service (NPS) rules governing snowmobile use in the Yellowstone National Park, Grand Teton National Park, and the John D. Rockefeller Jr. Memorial Parkway. Petitioners, which included Wyoming, snowmobile associations, and a county, ...