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|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...
|Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case|
July 22, 2014, previously published on July 18, 2014In its far-reaching decision in Robinson v. Commonwealth, which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded to the Commonwealth Court to address whether the remaining sections of Act 13...
|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...
|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...
|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.
|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...
|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...
|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...