
Subscribe for updates
Recent Posts
- Federal Court Tells WWII Waste Generators, “You'd Better Not Pout,” Awards Government $50 Million in Cleanup Costs
- Court Upholds Private NGO Settlement Agreement That Supplements Federal Consent Decree
- First Circuit Upholds Remand of Climate Change Suit To State Court
- PA Court Rejects Environmental Rights Amendment Challenge to Appropriation of Oil and Gas Lease Funds for DCNR’s General Operations
- Southern District of Texas’s Opinion Offers a Look Behind the CERCLA Allocation Curtain
Topics
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Solid Waste Management Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- National Forest Management Act
- FERC
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Property Damage
- Building Materials
- First Circuit
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Environmental Rights Amendment
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Coal Ash
- Injunction
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Damages
- Storage Tank
- Energy
- Fifth Circuit
- Electric
- Indemnification
- Ninth Circuit
- Arizona
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Inspection
- Residential
- Freshwater Wetlands Protect Act
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Mercury
- Condemnation
- Takings
- Natural Gas
- Storage
- Fifth Amendment
- Flooding
- Takings Clause
- Causation
- Spill Act
- NEPA
- Tenth Circuit
- Interior
- Mineral Leasing Act
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Montana
- Navigability
- Riverbed
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Consent Decree
- Enforcement
- Equity
- Laches
- Boiler MACT
- CISWI
- Delay Notice
- EPA
- Rulemaking
- Declaratory Relief
- Second Circuit
- Contribution
- Standing
- Procedure
- NPDES
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Expert Witness
- Privilege
- Work Product
- Discovery
- Defense Costs
- Insurance
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Kentucky
- Class Actions
- Nuisance
- Odors
- Trespass
- Farming
- Hog Barn
- ISRA
- Administrative Hearing
- Informal Agency Action
- New Jersey
- Railroad
- Air
- RCRA
- Waste
- Cancer
- Combustion
- Emissions
- CERCLA
- Speaking Engagements
- Removal
- Third Circuit
- Toxic Torts
- Federal Procedure
- Clean Air Act
- Statute of Limitations
- Permits
- Title V
- Cost Recovery
- Cleanup
- Superfund
- Supreme Court
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Tolling
- Due Process
- Marcellus Shale
- Enforcement Action
- Mineral Rights
- Wetlands
- Cases to Watch
- Administrative Procedures Act
- Clean Water Act
- Deeds
- Exploration
- Leases
- Oil and Gas
- Royalties
- Decisions of Note
- Real Estate
- Drilling
Blog editor
Blog Contributors
Showing 3 posts in FERC.
Reversing the Fourth Circuit, the Supreme Court on Monday issued its opinion in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, 2020). In a 7-2 decision, Justice Thomas wrote for the majority that the Appalachian National Scenic Trail’s passage through United States National Forest land is best viewed as a grant of an easement to the National Park Service rather than a transfer of ownership of the underlying land. In doing so, the Court upheld the Forest Service’s right to permit a pipeline to run beneath the Trail under the Mineral Leasing Act (MLA). Read More »
On September 10, the Third Circuit held that while the National Gas Act (NGA) delegates the federal government’s power of eminent domain to private gas companies, it does not necessarily delegate the federal government’s exemption from state sovereign immunity. In re: PennEast Pipeline Company, LLC, No. 19-1191 (3d Cir. 2019). As a result, private entities acting under the NGA cannot condemn state-owned property absent action by an accountable federal official. Read More »
Quoting a Dr. Seuss book, the United States Court of Appeals for the Fourth Circuit on Thursday issued its opinion in Cowpasture River Preservation Association v. United States Forest Service, No. 18-1144 (4th Cir. Dec. 13, 2018). The Court held that the US Forest Service (the “Forest Service”) violated the National Forest Management Act (“NFMA”) and the National Environmental Policy Act (“NEPA”), as well as lacked statutory authority under the Mineral Leasing Act (“MLA”) to grant a pipeline right of way across the Appalachian National Scenic Trail (the “Appalachian Trail”), failing to “speak for the trees” as Seuss’s Lorax directs. Read More »