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Natural Resources (generally)

PennEast Pipeline Co., LLC v. New Jersey

The U.S. Supreme Court held, 5-4, that the Natural Gas Act authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or states, in a lawsuit concerning construction of a 116-mile...

Environmental Defense Fund v. Federal Energy Regulatory Commission

The D.C. Circuit vacated FERC's issuance of a certificate of public convenience and necessity for construction of a natural gas pipeline in the St. Louis area. An environmental group argued FERC's decision to award the certificate...

Louisiana v. Biden

A district court granted states' motion to preliminarily enjoin the president's Executive Order pausing new oil and gas leases on public lands and in offshore waters. The states argued the "pause" violated the APA, the Outer Continental...

the Application of Enbridge Energy, Limited Partnership, for a Certificate of Need and a Routing Permit for the Proposed Line 3 Replacement Project in Minnesota From the North Dakota Border to the Wisconsin Border

A state appellate court upheld, 2-1, a certificate of need and routing permit granted by the Minnesota Public Utilities Commission for replacement of a portion of the Line 3 oil pipeline. Native American tribes and environmental groups...

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

A district court denied Native American tribes' motion for a permanent injunction in an ongoing dispute concerning the Dakota Access pipeline. The tribes argued they were entitled to injunctive relief because the pipeline's continued...

Minnesota Power’s Petition for Approval of the EnergyForward Resource Package

The Minnesota Supreme Court reversed an appellate court ruling that held the Minnesota Public Utilities Commission erred by approving affiliated-interest agreements for construction and operation of a power plant in a neighboring state...

Indigenous Environmental Network v. Trump

A district court denied a request to block a permit issued by President Trump authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the president violated the...

Optimus Steel, LLC v. U.S. Army Corps of Engineers

A district court denied a steel mill owner's motion to preliminarily enjoin construction of a gas pipeline in Texas. The owner argued that the Army Corps of Engineers authorized the construction in violation of the CWA, the ESA, and...

Allegheny Defense Project v. Federal Energy Regulatory Commission

The D.C. Circuit invalidated FERC's longstanding practice of issuing tolling orders to extend the statutory period for acting on requests for rehearing of its orders, in a lawsuit concerning the Commission's granting of a certificate of...

Solonex LLC v. Bernhardt

The D.C. Circuit vacated a district court ruling concerning DOI's cancellation of an oil and gas lease in Montana. The leaseholder challenged the Department's cancellation, and the district court ruled in its favor, holding that the...

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