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Keystone XL Pipeline Federal Permits Draw Challenge from Tribes

The Bureau of Land Management and the U.S. Army Corps of Engineers issued permits for the Keystone XL pipeline without considering the impact of potential oil spills and the impact of construction activities amid the Covid-19 pandemic, two tribes say in a lawsuit filed in Montana federal court Friday.

Texas Groundwater Takings Suit Revived by Fifth Circuit

A Texas landowner convinced the Fifth Circuit on Friday to revive his lawsuit against his local groundwater preservation district, which he says is draining his groundwater into wells for public use without adequate compensation.

Florida’s Natural Beats Appeal in Orange Juice Glyphosate Suit

Citrus World Inc. and Florida’s Natural Growers Inc. beat an appeal in the Second Circuit, when the court affirmed dismissal Friday of a would-be class suit alleging “Florida’s Natural” brand orange juice was misleadingly marketed because it contained trace amounts of the synthetic weedkiller glyphosate.

EPA Defeats Challenge to Permit Approval for Exxon Expansion

The Environmental Protection Agency’s reasoning behind its decision to reject a challenge to a Clean Air Act permit issued for ExxonMobil’s planned plant expansion in Texas is persuasive and therefore entitled to deference, the Fifth Circuit ruled Friday, in defeat for environmental groups.

Challenge to Federal Protections for Rare Arachnid Dismissed

Williamson County, Texas, and individual John Yearwood can’t pursue their claim that federal protections for the rare, orange, spider-like Bone Cave harvestman are unconstitutional after the federal government moved to delist the species, the Fifth Circuit ruled Friday.

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Coronavirus and Force Majeure Clauses

Covid-19 has legal teams exploring whether to turn to a rarely tested section of their contracts: the force majeure, or act of god, clause.

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