Civil Procedure, Commercial Law & Contracts, Energy & Utilities Law

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

by Mary Kathryn (Katie) King | Spilman Thomas & Battle, PLLC on 5/23/2013

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...more

Automotive Legal News - May 2013 • 2nd Quarter

by John Anderson, Sr., James M. Burns, M. Kimberly Stagg, Richard Wilhelm | Dickinson Wright on 5/9/2013

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

Pennsylvania Supreme Court Confirms The Dunham Rule

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/3/2013

If it ain’t broke, don’t fix it. Or, as said by the Pennsylvania Supreme Court, “A rule of property long acquiesced in should not be overthrown except for compelling reasons of public policy or the imperative demands of...more

Pennsylvania Supreme Court Upholds Statewide Oil And Gas Conveyance Rules

by Jason Yearout | BakerHostetler on 5/3/2013

In October of 2012 the Pennsylvania Supreme Court heard oral argument on two key cases that potentially could reshape the laws and rules applicable to hydraulic fracturing in the state. We wrote extensively about these cases...more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

Butler v. Charles Powers Estate: Owners of Marcellus Shale Gas May Now Rest Easily

by Joel Burcat | Saul Ewing LLP on 5/1/2013

The Dunham Rule is alive and well in Pennsylvania and thousands of titles to Marcellus shale gas will not be impacted by any change in the law. Pennsylvania’s peculiar rule of property law—that says that oil and gas are not...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

Pennsylvania Supreme Court Reaffirms Dunham Rule, Confirms that Marcellus Shale Natural Gas is not a "Mineral"

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 4/29/2013

On April 24, 2013, the Pennsylvania Supreme Court in Butler v. Powers held that Marcellus shale “natural gas is presumptively not a mineral for purposes of private deeds.” The Court reaffirmed the “Dunham Rule,” which applies...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

by Christopher Boisvert, Karen Daly, Argia DiMarco, Michael Kichline, William McEnroe | Dechert LLP on 4/26/2013

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Saying You’re Right Isn’t Enough: Default Notices and Freehold Leases

by April Grosse, Krishna Koul, Russell Kruger | Bennett Jones LLP on 3/28/2013

Most 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...more

Court Rules FERC Does Not Have Authority to Fine Trader for Manipulation of Futures Contracts

by Kenneth M. Rosenzweig, Tanja Samardzija | Katten Muchin Rosenman LLP on 3/26/2013

Pursuant to the Energy Policy Act of 2005, the Federal Energy Regulatory Commission (FERC) fined a natural gas trader $30 million for manipulating the settlement price for natural gas futures contracts on the New York...more

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

by Elizabeth Aboulafia, Gregory G. Nickson | Cullen and Dykman LLP on 3/21/2013

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing...more

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Civil Procedure › Commercial Law & Contracts › Energy & Utilities Law

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

Automotive Legal News - May 2013 • 2nd Quarter

Pennsylvania Supreme Court Confirms The Dunham Rule

Pennsylvania Supreme Court Upholds Statewide Oil And Gas Conveyance Rules

Pa. Supreme Court Issues Decision in Butler Case

Butler v. Charles Powers Estate: Owners of Marcellus Shale Gas May Now Rest Easily

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

Pennsylvania Supreme Court Reaffirms Dunham Rule, Confirms that Marcellus Shale Natural Gas is not a "Mineral"

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

Saying You’re Right Isn’t Enough: Default Notices and Freehold Leases

Court Rules FERC Does Not Have Authority to Fine Trader for Manipulation of Futures Contracts

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

D.C. Circuit Rules That CFTC – Not FERC – Has Authority To Regulate Futures Trades

FERC Lacks Authority Over Commodity Futures Contracts

FERC Lacks Authority To Regulate Natural Gas Futures Contracts, D.C. Circuit Rules

SCC will Decide Finder’s Fee Arbitration Case

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

Mineral Claims And The Duty To Consult In Yukon

Judicial Ascertainment Clause in Mineral Lease Upheld

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

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