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We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more
In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more
Action Item: Oil and gas operators should be aware that courts recently have been paring back on the power of local municipalities to regulate their operations. ...more
On Tuesday, March 11, 2015, the Texas Legislature’s 84th Session gained another bill directed at combating future local and municipal fracking bans. State Rep. Drew Darby (R-San Angelo), Chairman of the Texas House Energy...more
2015 is shaping up to be another active year for CEQA judicial review. After taking an extended holiday break, the Courts of Appeal have recently published three decisions, two of which reinforce existing case law on how to...more
In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil...more
Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9:
On February 4, 2015, the State Water Resources Control Board issued an order seeking...more
The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more
In this Presentation:
- What are e-cigarettes?
- Emerging Market
- Food and Drug Administration
- California Law
- Other State Laws
Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27:
The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more
Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more
Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments? Apparently, the legislature and executive of...more
A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more
In a surprising decision, Surface Transportation Board Decision, Docket No. FD35861, December 12, 2014 (“Docket”), the Federal Surface Transportation Board (“Board”) ruled that the application of the California Environmental...more
Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the...more
On December 12, 2014, the Surface Transportation Board (STB) issued a decision, in response to a petition filed by the California High-Speed Rail Authority (Authority), finding that the Interstate Commerce Commission...more
The Surface Transportation Board (“STB”) issued a declaratory order in a 2-1 vote last Friday, finding that the California Environmental Quality Act (“CEQA”) is categorically preempted by federal law, as it relates to the...more
On November 26, Magistrate Judge Barry Kurren struck down Hawaii County’s Ordinance 13-121, which restricts the open-air growth and cultivation of genetically engineered crops or plants (GMOs). See Slip Op. at 28. In this...more
It appears that San Benito County will be the venue for the much-anticipated legal battle over whether local jurisdictions in California can ban hydraulic fracturing. In early November, San Benito County passed a...more
Railroad operators across the U.S. are seeing a bright future due to the resurgence in freight rail traffic. Intermodal (i.e., cargo container) shipping is booming. In 2013, intermodal volume on the major railroads totaled...more
On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more
What happens when the City doesn’t properly serve a notice of building code violations? In the closing days of its September term, the Illinois Supreme Court agreed to decide that issue in Stone Street Partners, LLC v. City...more
A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more
Appellate litigators in Beveridge & Diamond’s District of Columbia office, working with the Washington Department of Ecology, secured a unanimous decision from the Washington Court of Appeals striking down a county ban on...more
The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban.
In that August 2014 decision, a Larimer County District Court...more
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