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 […]
Dirt Alert
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 […]
Seventeen Legislative Bills Affecting Development, Energy, and Other Real Estate Matters Passed During the 2025 Nebraska Legislative Session
on Tuesday, 10 June 2025 in
Dirt Alert: David C. Levy, Editor
The First Regular Session of the 109th Nebraska Legislature adjourned sine die on June 9, 2025. We previously provided updates during bill introduction and throughout the legislative session on various bills of interest. You can access these prior articles by clicking here. Throughout this legislative session, we identified and analyzed […]
U.S. Supreme Court Holds Courts Must Defer to Agency Environmental Reviews under NEPA
on Tuesday, 10 June 2025 in
Dirt Alert: David C. Levy, Editor
In Seven County Infrastructure Coalition v. Eagle County,[1] the United States Supreme Court held courts must defer to agency environmental reviews under the National Environmental Policy Act (“NEPA”). This is noteworthy because the court recently overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. in 2024.[2] Chevron was a […]
