Search Results (235)
Documents on Litigation, Energy
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|Utility Air Regulatory Group v. EPA|
Christopher S. Heroux; Kutak Rock LLP;
November 7, 2013, previously published on October 28, 2013In 2010 the EPA adopted rules under the Clean Air Act for the first time regulating releases of carbon dioxide and other greenhouse gases (GHG) from stationary sources including oil and gas facilities. Several legal challenges were filed against the GHG rules resulting in a number of circuit court...
|Rocky Mountain Farmers Union|
Todd J. Guerrero; Kutak Rock LLP;
November 7, 2013, previously published on October 28, 2013In Rocky Mountain Farmers Union v. Cory, the United States Court of Appeals, 9th Circuit, reversed part of the lower district court’s decision that California’s Fuel Standard ethanol provisions violates the Commerce Clause of the U.S. Constitution.
|North Dakota v. Minnesota|
Todd J. Guerrero; Kutak Rock LLP;
November 7, 2013, previously published on October 28, 2013The second GHG case of recent note involves North Dakota’s lawsuit against Minnesota, a hearing on which was held October 17, 2013 in federal court in Minneapolis.
|United States District Court for the District of Maryland Finds Municipality’s Regulations Affecting Natural Gas Compressor Site Null and Void, Except for those Enacted under Certain Federal Environmental Legislation|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
October 18, 2013, previously published on October 2013In Dominion Transmission, Inc. v. Myersville Town Council, the United States District Court for the District of Maryland found that all of a municipality’s regulations affecting the intended site of a natural gas compressor station preempted under the Natural Gas Act (the “Act”),...
|Employer Held Not Vicariously Liable for Employee’s Alleged Negligent Use of Company Car|
Jacklina A. Len, Laura Reathaford; Proskauer Rose LLP;
October 15, 2013, previously published on October 10, 2013Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his wife. The trip to Bakersfield on this occasion exceeded his normal...
|Federal Court in Kentucky Rules Insured’s Failure to Comply with Pollution Buy-Back Requirements Does Not Bar Coverage Unless Insurer Sustains Prejudice|
George B. Hall; Phelps Dunbar LLP;
September 27, 2013, previously published on September 2013A federal district court in Kentucky has held that a CGL insurer must defend its insured against pollution liability claims, notwithstanding the insured’s inability to comply with the requirements of a pollution buy-back endorsement because the insurer had not shown prejudice. SAAP Energy,...
|Federal Court Holds Lease Extended By Shut-In Royalty Provision|
Matthew Lambach; Babst Calland;
September 18, 2013, previously published on September 13, 2013On August 14th, the United States District Court for the Middle District of Pennsylvania adopted a magistrate judge’s report and recommendation that recommended granting SWEPI, LP’s (“SWEPI”) motion to dismiss a lawsuit regarding the extension of a lease by tendering shut-in...
|California Supreme Court Update: Air Quality Emissions Reduction Credits May Be Considered in Assessing Unit Value of Power Plant, But the Fair Market Value of Credits Themselves Must Be Excluded from Assessment and Direct Taxation|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
September 12, 2013, previously published on September 10, 2013A power plant operator was required to purchase emission reduction credits (“ERCs”) to comply with the permitting process to build a power plant. Over the course of several years, the State Board of Equalization (“Board”) made a site-specific adjustment to the plant’s...
|Issues of Fact Preclude Summary Judgment Ruling on Financial Advisor’s Entitlement to Contingent Future Payments: M.M. Dillon & Co. Group, LLC v Ambre Energy Ltd.|
Adam M. Rafsky; Farrell Fritz, P.C.;
August 24, 2013, previously published on August 6, 2013In a June 6, 2013 decision by Justice Schmidt, the court denied the defendants’ motion for partial summary judgment, which sought an order limiting the plaintiff’s maximum potential recovery to $1.2 million. The case involved an Engagement Agreement entered into between the defendant...
|Expanding Federal Court Jurisdiction Under OCSLA|
Grady S. Hurley; Jones Walker LLP;
August 19, 2013, previously published on August 15, 2013Venue typically refers to the "locale" where a suit can be brought. Jurisdiction is generally the "authority" of a court to decide issues in cases. Federal courts generally have jurisdiction under 28 U.S.C. §1332 (diversity) and 28 U.S.C. §1331 (federal question)....