State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) Steve Seeman and SBS Farms, Inc. own land in Harlan County, Nebraska. The Lower Republican Natural Resources District (“LRNRD”) regulates groundwater use on their parcels. In August 2016, LRNRD discovered a tampering device on a well. The tampering […]
Dirt Alert
Nebraska Supreme Court Upholds Village Ordinance Despite Being More Restrictive than Natural Resource District Regulations
on Wednesday, 16 July 2025 in
Dirt Alert: David C. Levy, Editor
Johnson v. Village of Polk, 319 Neb. 352 (2025) On July 3, 2025, the Nebraska Supreme Court upheld the authority of the Village of Polk, Nebraska (“Polk”) to regulate a Wellhead Protection Area. Marjorie Johnson (“Johnson”) applied to Polk and the Upper Big Blue Natural Resource District (“NRD”) for a […]
Nebraska Supreme Court Clarifies Due Process Requirements and Appealability of Political Subdivision Decisions
on Monday, 16 June 2025 in
Dirt Alert: David C. Levy, Editor
Hauxwell v. Middle Republican Nat. Resources Dist. 319 Neb. 1 (2025) and Hauxwell v. Middle Republican Nat. Resources Dist., 319 Neb. 28 (2025). The Nebraska Supreme Court recently clarified procedural requirements in contested cases before a Nebraska political subdivision. The court issued two decisions involving the same parties. In the […]
Federal Appeals Court Affirms Counties May Not Regulate “Safety Standards” For Carbon Pipelines
on Monday, 16 June 2025 in
Dirt Alert: David C. Levy, Editor
Couser v. Shelby Cnty., Iowa, 2025 WL 1585295 (8th Cir. June 5, 2025) Summit Carbon Solutions, LLC (“Summit”), plans to build a pipeline to transport carbon dioxide. The pipeline crosses Shelby County and Story County, Iowa. Each county passed an ordinance regulating pipelines in response to the state’s approval of […]
Nebraska Supreme Court Affirms Prescriptive Easement Claim in Otoe County
on Tuesday, 10 June 2025 in
Dirt Alert: David C. Levy, Editor
Fey v. Olson, 319 Neb. 45 (2025) Two landowners claimed they have crossed their neighbors’ property for as long as they can remember due to a river dividing the property, thus making the southern half otherwise inaccessible. The neighbors attempted to stop that access by locking a gate in the […]
