50 results for 'cat:"Energy" AND cat:"Environment"'.
[Consolidated.] J. Walker refuses to grant petitions for review filed by environmental groups that challenge the Federal Energy Regulator Commission's certification of an expansion of pipelines and facilities for the Evangeline Pass Expansion Project in the Southeastern U.S. The agency reasonably explained its decision, and the certification was reasonable.
Court: DC Circuit, Judge: Walker, Filed On: April 30, 2024, Case #: 22-1101 , Categories: Administrative Law, energy, environment
J. Agee finds the lower court improperly interpreted the plain text of the decree. Environmental protection groups sued a now-defunct coal corporation for violating the Clean Water Act. They negotiated a consent decree that significantly limited the corporations' surface mining operations in Central Appalachia and required the company to reclaim its mining sites—that is, to return the mined land to a usable state. The new owner attempted to allow third parties to surface mine at the original corporation's facility to raise funds after inheriting the bankrupt coal corporation. The lower court found this violated the decree, but the decree only applies to the original corporation and does not bar others from using the land as they please. Vacated.
Court: 4th Circuit, Judge: Agee, Filed On: April 17, 2024, Case #: 23-1696, Categories: energy, environment, Contract
J. Lamberth grants a motion by the Department of the Interior and other federal defendants to sever the offshore wind farm opponents' action seeking to challenge approvals of two such projects into separate actions for each project, and partially grants the projects' developers' motion to intervene. Judicial economy and efficiency factors favor severance, and the claims to be severed do not present common questions of law or fact. The developer of one project is permitted to intervene in this case, but the motion to intervene is denied as to the other project's developer, given the severance of claims related to its project.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 10, 2024, Case #: 1:24cv141, NOS: Environmental Matters - Other Suits, Categories: energy, environment, Agency
[Consolidated.] Per curiam, the circuit shuts down challenges made by 17 states and a group of liquid fuel entities to the Environmental Protection Agency's reinstatement of a waiver of federal preemption for two California rules that limit greenhouse gas emissions and require a certain percentage of new cars made in the state be zero-emissions vehicles. The entities and states lack standing to bring their respective statutory and preemption claims, while the states also fail to show the EPA's decision unconstitutionally infringed on states' sovereign authority.
Court: DC Circuit, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1081 , Categories: Constitution, energy, environment
J. Douglas denies the environmental advocacy group's petition for review of the Maritime Administration Agency's approval of the construction of a deepwater oil port. The agency adequately considered extensive reports, studies and public commentary involving the environmental consequences of the facility before approving port.
Court: 5th Circuit, Judge: Douglas , Filed On: April 4, 2024, Case #: 23-60027, Categories: energy, environment, Maritime
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[Consolidated.] J. Pan denies two environmental groups' petitions for review challenging the Federal Energy Regulatory Commission's grant of extensions of time to two developers for their pipeline construction projects. The standards adopted by FERC are reasonable and fall within its discretion.
Court: DC Circuit, Judge: Pan, Filed On: March 29, 2024, Case #: 22-1233 , Categories: energy, environment
J. Cooper denies, in part, the Bureau of Land Management's motion for summary judgment on several conservation groups' challenge to the sale of 120,000 acres in Wyoming for drilling. The agency erroneously assessed the sale's impact on groundwater and wildlife, and did not explain how its analysis of greenhouse gas emission affected its decision.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 22, 2024, Case #: 1:22cv1871, NOS: Environmental Matters - Other Suits, Categories: energy, environment, Property
J. Higginson finds the district court improperly ruled against the insurer in this declaratory judgment action, in which it seeks to invalidate certain indemnification and additional insured provisions for fire-suppression and electrical work in its policies with salt mining companies. The insurer says the Louisiana Oilfield Indemnity Act applies because the mine uses a drill-and-blast method, yet the court found that because no well is involved the Act does not apply. However, the Act does not contain a universal well requirement. The court must decide whether the contracts pertain to drilling for minerals. Reversed.
Court: 5th Circuit, Judge: Higginson , Filed On: March 18, 2024, Case #: 23-30076, Categories: energy, environment, Insurance
J. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: Administrative Law, energy, environment
J. Calabretta approves two consent decrees between the California Department of Toxic Substances Control and several companies, including Exxon and Chevron, regarding closed landfills in Solano County. The parties agree the settlement was negotiated in good faith, and is fair, reasonable and in the public interest.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: March 11, 2024, Case #: 2:21cv1739, NOS: Environmental Matters - Other Suits, Categories: energy, environment
J. McShan finds that the lower court improperly dismissed the environmental groups' challenge to the approval of a plan transferring ownership of a gas-fired cogeneration plant to a company seeking to power a cryptocurrency mining operation. The groups have standing since they demonstrated that members who live near the plant come from "disadvantaged communities" cited in climate legislation aimed toward protecting them from harmful emissions. Meanwhile , completion of the transfer and associated construction did not moot the challenge by ending the controversy. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 7, 2024, Case #: CV-23-0689, Categories: Civil Procedure, energy, environment
[Consolidated.] J. Franson holds that an agricultural conservation easement qualifies as partial compensatory mitigation of an oil and gas project's conversion of agricultural land. Agricultural conservation easements satisfy Environmental Quality Act regulations that require the provision of substitute resources for compensatory mitigation, even if the result is a net loss of agricultural land. On remand, the trial court must order Kern County to prepare a revised environmental impact report that allows agricultural conservation easements to serve as partial mitigation of agricultural land for oil and gas activities. Reversed in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 7, 2024, Case #: F084763, Categories: Agriculture, energy, environment
J. Cain denies a request by Louisiana and other energy-producing states to halt the Biden administration’s implementation of a 2023 rule of the Clean Water Act that expands states’ responsibility for enforcement of environmental regulations. Litigant states argue the rule is unlawful and will be expensive for states to enforce. It is in the public interest to allow the rule to remain in effect pending a review of the merits of the states’ suit against the EPA.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 7, 2024, Case #: 2:23cv01714, NOS: Other Statutory Actions - Other Suits, Categories: energy, environment, Government
J. Snauffer finds that the trial court improperly invalidated a regulatory notice issued by the Geologic Energy Management Division which requires oil operators to cease operations if a "surface expression" appears outside of a wellbore as a result of injection operations. The regulations are consistent with the Public Resources Code and with the Division's mandate to promote health and safety. They are supported by substantial evidence that human life is endangered by the appearance of oil, water, steam, gas, formation solids or debris within 150 feet of a well. Vacated.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: March 1, 2024, Case #: F085832, Categories: Administrative Law, energy, environment
J. Thacker upheld the lower court’s decision to remand Annapolis and Anne Arundel County’s state-law tort and consumer protection lawsuits against many energy companies, which allegedly misrepresented or concealed information about their fossil fuel products. In at least 10 similar cases, energy firms have tried to remove the dispute to federal court: “The eleventh time is not the charm.”
Court: 4th Circuit, Judge: Thacker, Filed On: February 26, 2024, Case #: 22-1999, Categories: energy, environment, Consumer Law
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: energy, environment, Jurisdiction
J. Howell denies, in part, the Federal Energy Regulatory Commission's motion for summary judgment on a nonprofit's Freedom of Information Act case seeking certain FERC commissioners' calendars and phone records. The name of a lobbyist who had lunch with a chairman on a certain date must be released, as the agency concedes it "'should definitely not have [been] withheld.'"
Court: USDC District of Columbia, Judge: Howell, Filed On: February 12, 2024, Case #: 1:22cv3420, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: energy, environment, Public Record
J. Boardman grants four nonprofit environmental organizations’ motion to lift the stay and their motion to admit extra-record evidence against several environmental agencies and petroleum companies in this environmental claim stemming from violations of the Administrative Procedures Act related to the impact of oil and gas drilling on endangered species. The agencies and companies have not showed clear or convincing consideration for a stay and the extra evidence declaration qualifies for the exceptions clarifying technical information. The organizations’ motion for remand without vacatur is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: January 9, 2024, Case #: 8:20cv3060, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: energy, environment, Experts
J. Oldham grants a petition for review of a decision by the Department of Energy to tighten regulations for dishwashers and washing machines. It is unclear the department has authority to regulate water use in those appliances. Furthermore, its new rule also fails to adequately consider appliance performance and substitution effects, as well as evidence that conservation standards are actually resulting in more energy and water use. The department must consider remedies short of repeal of existing rules.
Court: 5th Circuit, Judge: Oldham , Filed On: January 8, 2024, Case #: 22-60146 , Categories: Administrative Law, energy, environment
J. Currault grants, in part, a motion to compel filed by a Texas oil and gas pipeline company, ordering the lessee of 27 oyster beds in Louisiana to produce financial records for its eminent domain suit. The pipeline company, an affiliate of the leaseholder, seeks to condemn the lessee’s rights to oyster beds in a 69-acre area of coastal Louisiana in order to build pipeline facilities. The oyster leaseholder's historical financial information is relevant and proportional to the needs of the case.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 3, 2024, Case #: 2:22cv5291, NOS: Land Condemnation - Real Property, Categories: energy, environment, Discovery
J. Lemelle grants remand to the state of Louisiana and two parish governments, ordering various oil and gas industry producers and refiners to face joint claims their production activities resulted in pollution and subsequent wetland loss along Louisiana’s coastline. The oil and gas companies failed to establish they are entitled to federal-officer jurisdiction, as they do not show the complained-of production actions were associated with or connected to a federal officer.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: December 13, 2023, Case #: 2:18cv5213, NOS: Other Statutory Actions - Other Suits, Categories: energy, environment, Government
J. Clement dismisses the intervening environmental organizations' challenge to the district court's preliminary injunction, which prevents the Bureau of Ocean Energy and Management's removal of six million acres from an oil and gas lease sale, as well as its imposition of new limits on vessels over concerns of a survival risk to the endangered Rice’s whale. The intervenors have failed to show an injury is impending or likely to be redressed by a favorable decision by the Fifth Circuit.
Court: 5th Circuit, Judge: Clement , Filed On: November 14, 2023, Case #: 23-30666, Categories: energy, environment, Injunction
[Consolidated.] J. DeWine finds the Ohio Power Siting Board properly approved the solar power company's applications to construct two solar farms in Preble County. The farms comply with all applicable regulations, while the concerned citizens group was also provided with all environmental impact data, including noise and visual impact studies. Additionally, survey teams conducted studies of wildlife and vegetation that could be affected by the solar farms, and while the citizens group questions the methodology used by the teams, the board's regulations do not require any specific inspections. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: October 18, 2023, Case #: 2023-Ohio-3778, Categories: energy, environment, Licensing
J. Bress denies a petition for review brought by environmental groups alleging that the Bonneville Power Administration (BPA) did not comply with its duties in the Northwest Power Act concerning fish and wildlife when BPA issued a decision setting power rates in 2022-2023. BPA is a federal agency tasked with selling the power generated at various hydroelectric facilities in the Pacific Northwest. Petitioners had standing for the challenge and showed an alleged injury in fact where they are interested in the fish populations in the Columbia River Basin.
Court: 9th Circuit, Judge: Bress, Filed On: October 16, 2023, Case #: 22-70122, Categories: energy, environment
J. Talwani denies several seafood suppliers’ motion for summary judgment against a department of the federal government which they are suing for approving an offshore wind energy project which allegedly breaks environmental protection laws and will interfere with commercial fishing. The suppliers fail to provide substantial evidence that the project would cause significant harm to the environment or to their fishing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 12, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: energy, environment, Maritime