Administrative Law, Constitutional Law, Energy & Utilities Law

Hydraulic Fracking – Recent Developments in CA, NY, NJ and PA

by Gregory Lahr | Sedgwick LLP on 12/21/2012

For our readers who are keeping tabs on developments in the hydraulic fracturing (“fracking”) industry, we thought you would be interested in Sedgwick’s latest Hydraulic Fracturing News Flash regarding a recent proposal in...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Brad Kuhn | Nossaman LLP on 12/5/2012

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Indonesian State Owned Upstream Oil and Gas Regulator Invalidated by Constitutional Court

by Raja Bose | K&L Gates LLP on 11/15/2012

BPMIGAS (the Indonesian state upstream oil and gas regulator) has effectively been invalidated by the Constitutional Court. On November 13, 2012, the Constitutional Court annulled certain provisions of Law 22 of 2001 on...more

U.S. Chamber of Commerce Sues SEC to Overturn Controversial Dodd-Frank Resource Extraction Rule

by Foley Hoag LLP on 10/18/2012

On October 10, 2012, the U.S. Chamber of Commerce and three industry groups filed suit against the Securities and Exchange Commission in federal court in Washington, D.C., seeking to overturn the recently-promulgated SEC rule...more

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

by Mintz Levin - Antitrust on 10/5/2012

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more

Judge Declares Russian River Frost Protection Regulation Constitutionally Void

by Kronick, Moskovitz, Tiedemann & Girard on 9/27/2012

On September 26th, 2012, a Mendocino County Superior Court judge declared the Russian River frost protection regulation adopted by the State Water Resources Control Board ("State Water Board") in 2009 to be constitutionally...more

Ninth Circuit Affirms District Court in Kivalina Climate-Change Case

by White & Case LLP on 9/27/2012

On Friday, September 21, 2012, the Ninth Circuit Court of Appeals issued an important opinion in the developing area of climate-change litigation, affirming the dismissal of a lawsuit that threatened the energy sector with...more

Privately-Owned Utility Company Liable In Action For Inverse Condemnation

by Kronick, Moskovitz, Tiedemann & Girard on 9/19/2012

A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d...more

Lessons from a Long, Long Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 9/14/2012

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

Court of Appeal Confirms that Private Utilities Can be Liable for Inverse Condemnation, and Held to the Same Standard as Public...

by Ben Rubin | Nossaman LLP on 9/5/2012

On August 30, 2012, the Second Appellate District of the California Court of Appeal held that a privately owned utility could be subject to strict liability for inverse condemnation, thereby concurring with a similar holding...more

City Did Not Violate Equal Protection Clause By Canceling Future Payments Of Lot Owners Who Owed Assessments While Refusing...

by Kronick, Moskovitz, Tiedemann & Girard on 8/13/2012

The United States Supreme Court held that a city did not violate the Equal Protection Clause when it forgave future payments of lot owners for sewer-related assessments but refused to provide refunds to lot owners who had...more

Commonwealth Court of Pennsylvania Strikes Down Zoning and Setback Waiver Provisions Of “Act 13” Oil and Gas Legislation

by Reed Smith on 8/2/2012

A Pennsylvania Commonwealth Court ruling has struck down a cornerstone of Act 13, which set forth that municipalities must adopt uniform zoning provisions for the development of natural gas as a prerequisite to the receipt of...more

The Shale Play Today - July 2012

by Spilman Thomas & Battle, PLLC on 7/31/2012

In This Issue: - Pa. Commonwealth Court Strikes Down Act 13 Zoning Provision - D.C. Circuit Court Issues Important Ruling on Greenhouse Gas Regulatory Program by M. Ann Bradley & M. Katherine Crockett - The State...more

Major Provisions of Pennsylvania’s Oil and Gas Act Deemed Unconstitutional

by Morgan Lewis on 7/31/2012

Commonwealth Court rules on amendments limiting municipal zoning authority. On July 26, the Commonwealth Court of Pennsylvania held that 2012 amendments to Pennsylvania's Oil and Gas Act (Act 13) that preempt local...more

Preemptive Zoning Provisions of Act 13 Held Unconstitutional

by Saul Ewing LLP on 7/30/2012

Yesterday, the Commonwealth Court of Pennsylvania issued an order declaring null and void sections of the new 2012 Oil and Gas Act ("Act 13"), which preempted local zoning ordinances that regulate oil and gas operations and...more

Pa. Commonwealth Court Strikes Down Act 13 Zoning Provision

by Spilman Thomas & Battle, PLLC on 7/27/2012

On July 26, 2012, the Pennsylvania Commonwealth Court issued its decision in Robinson Township, et al. v. Commonwealth of Pennsylvania, involving the challenge brought by seven townships and boroughs to the Act 13 provision...more

A New Paradigm for Aboriginal Consultation in Ontario: What Miners Need to Know

by Dentons on 7/9/2012

The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more

3 Proposed Changes to New Mexico PRC Approved by Legislature; Go to Voters in November

by Jeffrey Albright | Lewis and Roca LLP on 2/17/2012

Yesterday, the New Mexico legislature completed its 30 day session and approved three changes to the New Mexico Public Regulation Commission (PRC). The changes were the result of attempts to reform the Agency following...more

State Senator Tim Keller Introduces Legislation to Appoint NM PRC Commissioners

by Jeffrey Albright | Lewis and Roca LLP on 12/30/2011

State Senator Tim Keller has introduced proposed legislation to revamp the way Commissioners at the New Mexico Public Regulation Commission are selected. Following a series of scandals, including felony convictions of two of...more

Land-Use Planning and Natural Resource Rights - The Alberta Land Stewardship Act

by Dentons on 11/4/2011

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and...more

New Mexico Supreme Court Hears Oral Argument on Domestic Wells

by Jeffrey Albright | Lewis and Roca LLP on 10/14/2011

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells. The cases essentially challenge the Constitutionality of several state statutes...more

Arizona Supreme Court Denies Goldwater Institute's Appeal in Lawsuit Over REST Rules

by Matt Bingham | Lewis and Roca LLP on 9/21/2011

Without comment, the Arizona Supreme Court yesterday declined to hear an appeal of the Court of Appeals' decision in the legal battle over the state's Renewable Energy Standard and Tariff (REST) rules. The appeal was sought...more

Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases

by Jackson Walker on 8/30/2011

On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company,...more

Tax Injunction Act Does Not Bar a Levy Imposed on a Single Entity

by Sutherland Asbill & Brennan LLP on 8/10/2011

On June 20, 2011, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal district court for the District of Maryland has jurisdiction to adjudicate a case involving the constitutionality and validity of a...more

Supreme Court Holds Federal Courts Do Not Have Jurisdiction to Hear Federal Common Law Nuisance Claims Relating to Greenhouse Gas...

by Schnader Harrison Segal & Lewis LLP on 7/5/2011

The United States Supreme Court, in an 8–0 decision (Justice Sotomayor did not participate) written by Justice Ginsburg, ruled on June 20, 2011 that federal common law nuisance claims are not available as a means to impose...more

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Administrative Law › Constitutional Law › Energy & Utilities Law