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  1. Oil and Gas: Colleagues say judge in Dakota pipeline case is even-handed

    This June 20, 2012, photo provided by ALM shows U.S. District Judge James "Jeb" Boasberg in Washington, D.C. Boasberg is overseeing a lawsuit filed by the Standing Rock and Cheyenne River Sioux, two Dakotas tribes who maintain the $3.8 billion Dakota Access pipeline to carry North Dakota oil to Illinois threatens their drinking water and cultural sites. (Diego M. Radzinschi/ALM via AP) BISMARCK, N.D. (AP) — The federal judge who will decide whether oil flows through the disputed Dakota Access pipeline has shown sympathy for the historical plight of American Indians, but has also made clear that he doesn't think that should play a role in judicial decisions. U.S. District Judge James "Jeb" Boasberg is overseeing a lawsuit filed by the Standing Rock and Cheyenne River Sioux that could be their last hope of stopping the $3.8 billion pipeline to carry North Dakota oil to Illinois. The tribes argue the pipeline threatens drinking water and cultural sites. A hearing is scheduled Monday. While the Washington, D.C.-based Boasberg cited in a previous ruling the historic exploitation of Indians in early America, he also told an attorney for the tribe last year he won't be influenced by phone calls from pipeline opponents to sway his opinion. That doesn't surprise Michael Kellogg, a law firm colleague of Boesberg's in the mid-1990s, or Virginia attorney Tim Heaphy, who once worked with Boasberg in the D.C. federal prosecutor's office. "He is not motivated by ideology or politics," Heaphy said. Boasberg has been appointed to judgeships by both Republican and Democratic presidents, showing he is respected by both conservatives and liberals, said a third colleague of Boasberg, 9th U.S. Circuit Court of Appeals Senior Judge Dorothy Nelson, for whom Boasberg once clerked. Texas-based developer Energy Transfer Partners this week received approval from the Army Corps of Engineers to lay pipe under Lake Oahe, a Missouri river reservoir that's the tribes' water source. It's the final chunk of construction for the 1,200-mile pipeline. The Cheyenne River tribe has asked Boasberg to stop the work until the legal battle is resolved. Boasberg earned his law degree from Yale in 1990. He was appointed to his current post on the federal bench by President Barack Obama in 2011. In responding to questions in 2010 from then-Alabama U.S. senator and current U.S. Attorney General Jeff Sessions about his judicial philosophies, Boasberg agreed with another judge who had rejected Obama's call for empathy in a Supreme Court justice. "If empathy means sympathizing with one party such that a judge fails to follow the law, then I believe it should not play a role in a judge's consideration of a case," Boasberg said. In a September ruling Boasberg wrote, "the tragic history of the Great Sioux Nation's repeated dispossessions at the hands of a hungry and expanding early America is well known." But he denied an attempt by the Standing Rock tribe to halt pipeline work, rejecting arguments that tribal officials hadn't been properly consulted and that cultural sites were in immediate peril. "Lake Oahe is of undeniable importance to the tribe, and the general area is demonstrably home to important cultural resources," Boasberg said. "Even here, though, the tribe has not met its burden to show that DAPL-related work is likely to cause damage." About the same time, Boasberg said his chambers had been flooded with calls about the pipeline. He urged Standing Rock attorney Jan Hasselman to remind his clients that "tallying calls for and against ... is not how our judicial system works." Boasberg has been in the spotlight before. In 2012 he ruled that the Obama administration wouldn't have to turn over images of the body of al-Qaida leader Osama bin Laden, and last year he dismissed lawsuits arising from Democratic presidential candidate Hillary Clinton's use of a personal email server as secretary of state.

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    Tue, 14 Feb 2017

  2. US Court of Appeals Rejects Stay Against Clean Power Plan

    The D.C. Circuit Court of Appeals on Thursday denied petitions to stay the Obama administration’s Clean Power Plan, preserving the landmark rule’s authority to regulate carbon emissions from power plants, even as the rule prepares to defend against subsequent litigation designed to erode its ...

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    Thu, 21 Jan 2016

  3. Texas Supreme Court denial of review could impact health-based tort claims involving neighboring oil and gas activities

    Texas Supreme Court denied review in Cerny v. Marathon Oil Corp., leaving in place the decision of the Fourth Court of Appeals , affirming summary judgment for the defendants and finding that the plaintiffs’ nuisance and negligence claims were “in the nature of toxic tort claims which fall outside a ...

    Online Articles

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    Fri, 16 Dec 2016

  4. Coal News: Appeals court affirms conviction of coal CEO in deadly blast

    A federal appeals court affirmed the criminal conviction of former Massey Energy CEO Don Blankenship on Thursday in connection with the deadliest U.S. mine disaster in four decades.

    Online Articles

    Online Articles

    Sat, 21 Jan 2017

  1. Wisconsin Court of Appeals overturns punitive damage award

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    Wed, 5 Sep 2001

  2. Court of Appeals supports NRC decision approving Harris spent fuel storage plan

    A U.S. Court of Appeals ruled in favor of the Nuclear Regulatory Commission (NRC) in an appeal brought by Orange County, N.C.

    Online Articles

    Online Articles

    Mon, 23 Sep 2002

  3. API: Court of Appeals review of hydraulic fracturing bans could open economic opportunity

    New York State Petroleum Council Executive Director Karen Moreau welcomed the decision by New York’s Court of Appeals to hear from local landowners and the oil and natural gas industry on hydraulic fracturing bans.

    Online Articles

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    Fri, 30 Aug 2013

  4. Texas Interests Score Important Appeals Court Win on EPA Haze

    The U.S. Court of Appeals for the Fifth District has handed the Texas Commission on Environmental Quality (TCEQ), Oklahoma, Luminant Generation and other parties a key victory against regional haze standards being implemented by the Environmental Protection Agency (EPA).

    Online Articles

    Online Articles

    Wed, 20 Jul 2016

  5. Wind, Solar Interests File Brief Supporting Clean Power Plan

    Various renewable energy groups filed legal arguments supporting the Environmental Protection Agency (EPA)’s Clean Power Plan March 29 with the U.S. Court of Appeals for the District of Columbia Circuit.

    Online Articles

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    Wed, 30 Mar 2016

  6. DC appeals court to decide on Clean Power Plant

    The United States Court of Appeals for the District of Columbia Circuit issued an order Monday scheduling oral arguments on the legality of the Clean Power Plan for September 27

    Online Articles

    Online Articles

    Tue, 17 May 2016

  7. Full D.C. Circuit to Hear Clean Power Plan in September

    The U.S. Court of Appeals for the District of Columbia Circuit issued an order May 16 providing that legal challenges to the Environmental Protection Agency (EPA) Clean Power Plan will be heard en banc by the active judges on the court, and rescheduling oral argument in the case until Sept. 27.

    Online Articles

    Online Articles

    Wed, 18 May 2016

  8. Appeals Court Suspends Clean Power Plan Schedule - Temporarily

    The U.S. Court of Appeals for the D.C. Circuit on June 24 suspended the briefing schedule in the appeals by a number of parties, including the state of North Dakota and coal producer Murray Energy, of the U.S. Environmental Protection Agency’s CO2-reducing Clean Power Plan.

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    Mon, 27 Jun 2016

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