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|Saying You’re Right Isn’t Enough: Default Notices and Freehold Leases|
April D. Grosse, Krishna P. Koul, Russell J. Kruger; Bennett Jones LLP;
April 4, 2013, previously published on March 27, 2013Most freehold oil and gas leases in Canada require the lessor to provide the lessee with notice of an alleged default. The lessee then has a certain amount of time to remedy the default or commence proceedings for a judicial determination of whether there was, in fact, a breach. The recent Alberta...
|Delaware Court of Chancery Enjoins Solicitation of Consent Revocations and Finds a Likely Breach of Unocal Standard as a Result of Board’s Failure to Approve a Competing Slate of Directors|
Steven L. Caponi, Alisa E. Moen, Elizabeth A. Sloan; Blank Rome LLP;
March 15, 2013, previously published on March 2013On March 8, 2013, the Delaware Court of Chancery held that a board may not impermissibly infringe on stockholders’ ability to elect a replacement board of directors. In this decision, Chancellor Strine reminds directors in no uncertain terms never to undermine the integrity of the electoral...
|District Court Enjoins Pennsylvania Environmental Hearing Board Permit Appeals|
Mindy L. Boehr, Paul M. Drucker, Tammy L. Helminski, Jeffrey M. Peabody; Barnes & Thornburg LLP;
March 14, 2013, previously published on March 7, 2013Federal Judge Robert D. Mariani granted an injunction to stay proceedings in the Pennsylvania Environmental Hearing Board on appeals filed by Delaware Riverkeeper Network and others of three state environmental permits issued to a pipeline operator, in Tennessee Gas Pipeline Co., LLC v. Delaware...
|"Big Brown" Citizen Suit Survives Motion to Dismiss|
Crowell Moring LLP;
March 11, 2013, previously published on March 5, 2013A federal district court in Texas has allowed the Sierra Club's Clean Air Act citizen suit against the Big Brown Plant in Freestone County, Texas to proceed past a multifaceted motion to dismiss. As part of its Beyond Coal Texas campaign, the Sierra Club seeks to force the largest power providers...
|US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of State-Issued Environmental Permits|
Jennifer Beidel; Saul Ewing LLP;
February 13, 2013, previously published on February 2013In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C. (“Tennessee”) an interstate natural gas pipeline company,...
|U.S. Supreme Court Grants Certiorari to Address Federal Preemption of State-Law Securities Claims|
Bradley W. Foster; Andrews Kurth LLP;
February 8, 2013, previously published on February 6, 2013Securities litigation continues to be a hot topic at the U.S. Supreme Court. Since 2006, the Roberts Court has issued no fewer than eight opinions on important securities litigation issues. These decisions have altered the landscape of federal securities litigation, and securities class actions in...
|Issues Paper Released On the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) Review - A Chance to Have Your Say|
Charmian Barton, Carolyn Dearing, Susan Rose; Norton Rose Canada LLP;
January 28, 2013, previously published on January 2013The Australian Government is currently undertaking a review of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (OPGGS (Environment) Regulations), which regulates activities beyond State and Territory coastal waters under the Offshore Petroleum and Greenhouse Gas...
|Court Approves BP Gulf Oil Spill Settlement|
Lieff Cabraser Heimann Bernstein LLP;
December 28, 2012, previously published on December 22, 2012U.S. District Judge Carl Barbier in New Orleans yesterday granted final approval to a settlement of claims arising from the 2010 BP Gulf of Mexico oil disaster, the largest offshore oil spill in U.S. history. The settlement "provides compensation to class members that appears sufficient"...
|Full D.C. Circuit Denies Rehearing in Greenhouse Gas Cases, But Strong Dissents May Improve Supreme Court Chances|
Peter S. Glaser, George Y. Sugiyama; Troutman Sanders LLP;
December 26, 2012, previously published on December 20, 2012 The United States Court of Appeals for the D.C. Circuit today denied petitions for rehearing “en banc” from a large coalition of industry and states seeking to overturn a three-judge panel decision that upheld EPA’s first foray into greenhouse gas (GHG) regulation under the Clean...
|Record €20 Million EC Fine for Failure to Notify Minority Acquisition Upheld by EU General Court|
Alasdair Balfour, Tobias Caspary, Till Vere-Hodge; Fried, Frank, Harris, Shriver & Jacobson (London) LLP;
December 18, 2012, previously published on December 12, 201212 December 2012: Three years after the European Commission (EC) fined Belgian electricity and natural gas company Electrabel €20 million (US$26 million) for acquiring Compagnie Nationale de Rhône (CNR) of France without obtaining prior clearance to do so, the European General Court...