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|New York Court Strikes Blow Against Fracking|
E. Christopher Murray; Ruskin Moscou Faltischek, P.C.;
July 18, 2014, previously published on July 2014This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corporation v. Town of Middlefield, the Court of Appeals held that towns and other...
|Implications of the Supreme Court Decision on Aboriginal Title|
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
July 17, 2014, previously published on July 2, 2014On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted - until now, the concept existed only in theory.
|Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions|
Sutherland Asbill Brennan LLP;
July 17, 2014, previously published on July 15, 2014In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their...
|CFTC Further Extends Comment Periods on Position Limits Proposals|
Maureen A. Donley, Daniel S. Konar II, W. Graham McCall, Mark D. Young; Skadden Arps Slate Meagher Flom LLP;
July 11, 2014, previously published on July 7, 2014The Commodity Futures Trading Commission (Commission or CFTC) has further extended the comment periods for its November 2013 proposal concerning position limits aggregation and its December 2013 proposal concerning position limits for physical commodity derivatives. The comment periods for these...
|The SCC Grants a Declaration of Aboriginal Title and Rules that Provinces can Justifiably Infringe Aboriginal Rights|
Brian P. Dominique, Linda I. Knol; Cassels Brock & Blackwell LLP;
July 11, 2014, previously published on July 3, 2014In a landmark decision, the Supreme Court of Canada (“SCC”) granted a declaration of Aboriginal title to over 1,750 square kilometres of land located in British Columbia to the Tsilhqot’in Nation. The SCC’s decision in Tsilhqot’in Nation v. British Columbia is the...
|Fourth Circuit Finds Conflict and Field Preemption, Thus Invalidating Maryland Energy Program Intended to Foster In-State Plant Generation through Long-Term Power Subsidies|
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
June 25, 2014, previously published on June 2014In PPL EnergyPlus, LLC v. Douglas R.M. Nazarian, the United States Court of Appeals for the Fourth Circuit invalidated the Maryland Public Service Commission’s (MPSC) General Order for its direct and extensive impediment to the federal wholesale energy market. The federal government has a...
|Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in a Case That Highlights Risk of Failing to Plead Affirmative Defenses|
Matt Gatewood, Carter L. Williams; Sutherland Asbill & Brennan LLP;
June 23, 2014, previously published on June 17, 2014In a significant decision issued earlier this month, the Supreme Court of Texas held that the implied warranty of merchantability, unless properly disclaimed, passes to purchasers of used goods. The decision in Man Engines & Components, Inc. v. Shows, No. 12-0490, on appeal from the Court of...
|Update Regarding D.C. Circuit’s Demand Response Ruling|
Sohair A. Aguirre, Kenneth W. Irvin, Gregory K. Lawrence, Natalie Mitchell; Cadwalader, Wickersham & Taft LLP;
June 18, 2014, previously published on Jun 16, 2014Since our last post regarding the D.C. Circuit’s demand response ruling, several notable developments have occurred in both the Electric Power Supply Ass’n v. FERC proceeding itself, and in other, related proceedings.
|Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies' Ability To Protect Confidential Information|
Sutherland Asbill Brennan LLP;
June 2, 2014, previously published on May 23, 2014In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from...
|D.C. Circuit Clarifies Basis for Indian Trust Claims|
Julie R. Domike, Catherine F. Munson, Claire Newman, Benjamin L. Snowden; Kilpatrick Townsend & Stockton LLP;
June 2, 2014, previously published on May 29, 2014In April, the United States Court of Appeals for the District of Columbia Circuit decided El Paso Natural Gas Co. v. United States, No. 12-5156 (D.C. Cir. Apr. 4, 2014). The decision narrowly interprets the government’s duty to remediate uranium waste sites and toxic dumps located on tribal...