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Land Use (generally)

Standing Rock Sioux Tribe v. Dakota Access

A district court held that an energy company must follow additional safety measures operating the Dakota Access pipeline while the environmental impacts of the project are being studied. In an...

Indigenous Environmental Network v. TransCanada Corp.

A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline...

Green, City of v. Nexus Gas Transmission, LLC

The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run...

Assoc. of Irritated Residents v. Kern County Board of Supervisors

A California appellate court held that a project to modify an oil refinery so it can unload the equivalent of 150,000 barrels of crude oil per day should not proceed until corrections can be made to its state environmental impact report...

Western Watersheds Project v. Wyoming

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of...

Conservation Easements in a Changing Climate

Conservation easements are increasingly being used both for traditional conservation purposes and as a tool for critical climate change mitigation and adaptation. Because land use decisions are generally made at the local level,...

Barnes v. FAA

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal...

Miller v. Mississippi Resources, LLC

A district court held that a Mississippi landowner is not entitled to an injunction to stop alleged contamination from oil and gas production activities on his property. The landowner's property is subject to certain mineral leases,...

Murr v. Wisconsin

The Supreme Court, in a 5-3 decision, decided that the owners of a family cottage were not entitled to compensation over development regulations that bar the sale of the family's adjacent lot. The family wanted to sell the lot to...

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

A district court denied native tribes' request for injunctive relief to stop the Dakota Access oil pipeline planned to run under Lake Oahe, due to laches and their unlikelihood of success on the merits. The federal government granted...