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|D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure|
Duane Morris LLP;
August 29, 2014, previously published on August 27, 2014The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some participants of the electric energy industry, has survived what could...
|The Third DCA Turns Off The Lights and Directs A More Thorough Energy Analysis Be Prepared For Regional Shopping Center Project|
Katherine J. Hart; Abbott & Kindermann, LLP;
August 28, 2014, previously published on August 13, 2014In California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, the Court of Appeal, Third District, held the City of Woodland’s (City) programmatic environmental impact report (EIR) was invalid on the following three grounds: (1) it failed to provide sufficient...
|Employer May Determine Workweek for Payroll Purposes under FLSA, Federal Court Rules|
Jackson Lewis P.C.;
July 31, 2014, previously published on July 28, 2014Under the Fair Labor Standards Act, an employer may use a Monday-through-Sunday “workweek” to calculate overtime pay for employees with work schedules of Thursdays through Wednesdays, the federal appellate court in New Orleans has ruled. Johnson v. Heckmann Water Res. (CVR), Inc., No....
|Supreme Court Rules Cell Phone Searches Violate Privacy Rights|
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
July 29, 2014, previously published on July 14, 2014The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...
|Ohio Supreme Court Accepts Dormant Mineral Act Case|
July 28, 2014, previously published on July 25, 2014The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC, the United States District Court for the Southern District of Ohio certified the following questions to the Ohio Supreme...
|Eleventh Circuit Holds Only a Cell Phone Subscriber and Not the “Intended Recipient,” May Provide “Prior Express Consent” for TCPA Claims|
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
July 28, 2014, previously published on July 22, 2014In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...
|Only When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources|
Matthew Klinger; Sheppard Mullin Richter Hampton LLP;
July 28, 2014, previously published on July 21, 2014On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act when it attempted to regulate greenhouse gas emissions from stationary sources not already subject to a permit controlling emissions of more...
|Supreme Court Rules on Major Greenhouse Gas Regulation|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
July 23, 2014, previously published on July 17, 2014The Supreme Court rejected EPA's approach to regulating greenhouse gases (GHGs) for smaller sources. At the same time, though, it gave EPA what it really wanted - the authority to regulate the GHGs emitted by sources already deemed "major."
|Iowa Supreme Court Decision Boosts Renewable Energy Development|
Jason W. Allen, John T. Dunlap; Foley & Lardner LLP;
July 23, 2014, previously published on July 19, 2014A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision), determining that a third-party power purchase agreement for behind-the-meter...
|The Supreme Court of Canada's Decision in Tsilhqot'in Nation v. British Columbia: Implications for the Application of the Forest Act in BC|
Erin Hunter, Garry E.P. Mancell, Jeff Waatainen; Davis LLP;
July 23, 2014, previously published on July 4, 2014On June 26, 2014, the Supreme Court of Canada rendered its unanimous decision on Tsilhqot’in Nation v. British Columbia (the “Tsilhqot’in Nation Decision”). In its reasons, the Court made a declaration of Aboriginal title over certain lands within the Tsilhqot’in...