Constitutional Law Environmental Energy & Utilities

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

Subpoenas and SLAPP Motions to Dismiss

If an individual or entity believes a subpoena is aimed at silencing debate on a matter of public interest, can it invoke the DC anti-SLAPP statute in response?  That is the question presented by a recent anti-SLAPP motion...more

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason.

If you needed any further proof that energy law is very complicated, Wednesday’s decision in North Dakota v. Heydinger should convince you. The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota...more

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

Court of Appeal Turns a Careful Eye Toward Challenges to California’s Cap-and-Trade Auction System

A California Court of Appeal signaled it is moving closer to making what could be a far-reaching decision in the consolidated cases of California Chamber of Commerce v. California Air Resources Board (Case No. C075930) and...more

State AGs Announce Climate Change Investigations - ExxonMobil Challenges Subpoena on Constitutional Grounds

Several state attorneys general (“state AGs”) have recently announced investigations into energy companies’ securities disclosures about the risks climate change poses to their businesses. In November 2015, Peabody Energy...more

A Substantive Due Process Right to Climate Change Regulation? What’s a Lonely Apostle of Judicial Restraint To Do?

Late last week, Magistrate Judge Thomas Coffin concluded that the most recent public trust case, which seeks an injunction requiring the United States to take actions to reduce atmospheric CO2 concentrations to 350 parts per...more

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

Federal Court Refuses To Reinstate Lesser Prairie Chicken Listing: What Now, And What’s Next?

Last fall a federal court in the Western District of Texas upheld a challenge to the U.S. Fish & Wildlife Service’s (Service) decision to list the lesser prairie chicken (LEPC) as a threatened species under the federal...more

To “SIB” or Not to “SIB” – That Is the Question on How to Timely Fund Necessary Water and Wastewater Infrastructure Improvements

Recently, the U.S. Environmental Protection Survey showed that $271 billion is needed for the Nation’s Wastewater Infrastructure, including for investor-owned utilities regulated by state public utility commissions....more

Newhall Case Applies Proposition 26 to Wholesale Water Rates

Newhall County Water District v. Castaic Lake Water Agency (2016) 243 Cal.App.4th 1430 (“Newhall”) - Case Disposition - Plaintiff Newhall County Water District (“Newhall”), a retail water purveyor, challenged a...more

Federal Court Strikes Town Ordinance Requiring Warning Labels

In a case that may have implications for chemical warning laws, a federal court in New York found a town’s efforts to require warning labels on pesticide-treated utility poles compelled non-commercial speech and infringed on...more

Renewable Energy Case Law Update

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

Are Groundwater Pumping Fees or Charges Subject to Proposition 218? California Supreme Court to Resolve Conflicting Precedent

In 2015 California’s Sixth and Second District Courts of Appeal issued conflicting opinions regarding whether groundwater extraction fees or charges are subject to Article 13D of the California Constitution (Proposition 218)....more

Pennsylvania State Trial Court Dismisses Appeal Challenging Constitutionality of Local Ordinance Regulating Natural Gas Drilling

In Delaware Riverkeeper Network, et al. v. Middlesex Township Zoning Hearing Board, A.D. No. 15-10429 (Nov. 19, 2015), Butler County Judge S. Michael Yeager upheld a gas drilling ordinance that was challenged by residents and...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

California Environmental Law & Policy Update - October 2015

Environmental and Policy Focus - Royal Dutch Shell suspends Arctic drilling indefinitely: Washington Post - Sep 28: Royal Dutch Shell announced early on September 28, 2015 that it will indefinitely suspend its Arctic...more

Lawsuit Challenges Ohio’s Disqualification of Local Anti-Frac Ballot Initiatives

Residents in three Ohio counties have sued the state after Secretary of State Jon Husted invalidated three ballot proposals to ban hydraulic fracturing projects in Fulton, Medina, and Athens counties. The bans, if passed,...more

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Air Quality Law Alert: U.S. Supreme Court Blocks EPA Coal Plant Air Toxics Standards

Earlier today the US Supreme Court issued a 5 to 4 decision in Michigan v. EPA that struck down the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS) rule. The MATS rule imposes stringent...more

Supreme Court Update: Michigan V. EPA (14-47) And Arizona State Legislature V. Arizona Independent Redistricting Comm'n (13-1314)

The last day of school is always anticlimactic, with finals done and yearbooks already signed. That may have described the atmosphere on First Street yesterday, but make no mistake: The Court ended October Term 2014 term with...more

Wyoming Federal District Court Stays BLM’s Hydraulic Fracturing Rule

On June 23, a coalition of industry, states, and tribal interests convinced a federal judge to stay the effective date of the Bureau of Land Management’s (BLM) hydraulic fracturing rule. The stay demonstrates the first step...more

166 Results
|
View per page
Page: of 7

Follow Constitutional Law Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×