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HTMLFERC to Prepare EIS’s for Louisiana LNG Energy and Downeast LNG Projects
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
FERC released notices of its intent to prepare environmental impact statements for Louisiana LNG Energy’s (LLNGE) proposed Mississippi River LNG export terminal project in Plaquemines Paris, La. and the proposed Downeast LNG import-export terminal in Robbeston, Maine. Comments on the scope...

 

HTMLMontana Judge Reduces Punitives In Automotive Case But Award Still Vulnerable On Appeal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
In May, we posted that a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system. Last week, the presiding judge affirmed the jury’s...

 

HTMLFederal Court Sides with Coops over FERC’s Demand Response Request
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 6, 2014, previously published on October 1, 2014
A federal court rejected a request from the Federal Energy Regulatory Commission (FERC) to review its decision against a FERC demand response order. FERC’s Order 745 issued in 2011 required that demand response participants in organized markets be compensated at full retail market price when...

 

HTMLOn to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule
Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Thomas Millar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 6, 2014, previously published on September 29, 2014
On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s wholesale demand response compensation rule. The D.C....

 

HTMLPartition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators
Mark D. Clark, William M. Herlihy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has been for oil and gas operators attempting to acquire property...

 

HTMLCourt Denies Review of FERC Demand Response Rule
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
The United States Court of Appeals for the District of Columbia Circuit will not review en banc a three-judge panel ruling that rejected the Federal Energy Regulatory Commission’s rulemaking on demand response compensation. The panel had found that Order No. 745 violates the Federal Power...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLEleventh Circuit Hears Oral Argument in Landmark TCPA Case
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...

 

HTMLHalliburton’s Management of Risk
Joseph F. Rice; Motley Rice;
Legal Alert/Article
September 10, 2014, previously published on September 3, 2014
I was proud to be a member of the Plaintiffs’ Steering Committee that announced a settlement yesterday with Halliburton Energy Services Inc. This settlement will make approximately $1 billion in additional funds available to some victims of the Deepwater Horizon tragedy.

 

HTMLHawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county...

 


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