Administrative Agency Constitutional Law Energy & Utilities

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Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's...

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for...more

NBB Challenges Monroe Energy’s Standing To Challenge 2013 RFS

On June 20, 2014, the National Biodiesel Board (NBB) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court rehear whether Monroe Energy (Monroe), a refining subsidiary...more

Supreme Court Upholds EPA's Power to Regulate Greenhouse Gas Emissions From Large Stationary Sources – But Scolds EPA For...

On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

Court Ruling Regarding the Dodd-Frank Conflict Minerals Disclosure Requirements

A panel of the U.S. Court of Appeals for the D.C. Circuit held today that a portion of the SEC’s conflict minerals reporting regulations – and possibly a portion of the underlying Dodd Frank Act – compel speech in violation...more

Name And Shame No More?

The last few years has seen the rise of so-called “name and shame” laws. The aims of many these laws may be laudable, but yesterday’s decision by the Court of Appeals for the District of Columbia Circuit calls their...more

The Environmental Protection Agency’s Authority to Amend the Renewable Fuel Standard

In this article: - Introduction - EPA’s Underlying Authority to Interpret the CAA - RFS Volume Mandate Reduction Authority under the CAA - Analysis of EPA’s Authority to Amend the RFS Regulatory...more

Pa. Supreme Court Strikes Down Key Provisions of Act 13

The Pennsylvania Supreme Court held unconstitutional several key provisions of Act 13 — the legislature’s broad amendment to the Pennsylvania Oil and Gas Act. The Supreme Court invalidated Section 3304 of Act 13, which placed...more

State Primacy in Coal Mining Regulations Challenged: Environmental Group Seeks Federal Court Jurisdiction

State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Center, et al. v. Stone-Manning, et al., Appeal No. 13-35107 (Ninth Circuit Court of...more

Local Ohio Communities Allied in Defense of Ohio’s Home-Rule, Oil and Gas Showdown To Be Held in Ohio Supreme Court

The litigation over the constitutionality of Ohio’s law R.C.1509.02 granting sole authority to the Ohio Department of Natural Resources to regulate activities associated with oil and gas exploration and production has reached...more

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

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?

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

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

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

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

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

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

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

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...

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...

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

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

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

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

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