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Standing Rock Sioux Tribe v. Dakota Access

A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately...

United States v. Moss

The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA) safety regulations do not apply to contractors, subcontractors or service providers. The case concerned a fatal explosion during "hot work...

Wyoming v. DOI

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing...

Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals

This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), addresses the critical role of the electric transmission and...

Americans For Clean Energy v. EPA

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a...

Legal Pathways for a Massive Increase in Utility-Scale Renewable Generating Capacity

Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every...

Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration

Carbon dioxide and other substances injected as part of carbon capture and sequestration (CCS) have the potential to migrate beyond the confines of the injection project, creating the potential for trespass. In order for CCS to be...

Sierra Club v. Chesapeake Operating, LLC

A district court abstained from rendering a decision in a case concerning earthquakes allegedly caused by fracking operations in Oklahoma, choosing to instead defer to the expertise of a state commission. An environmental group brought...

Legal Challenges for “Leaving It in the Ground”: Touchstone Developments and Holdings

As renewable energy becomes more cost-effective, there are increasing calls to leave traditional fossil fuel resources “in the ground.” But our ability to do so is constrained both by current technology and by the existing legal and...

Martinez v. Colorado Oil and Gas Conservation Comm'n

The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources...