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Civil Procedure Energy & Utilities

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

by Bracewell LLP on

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

by Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

by Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

by Porter Hedges LLP on

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Pennsylvania Supreme Court Holds that Fiscal Legislation Can be Invalidated When Inconsistent with Environmental Rights Amendment

In 1971, the citizens of Pennsylvania overwhelmingly approved a proposed amendment to the Commonwealth of Pennsylvania’s Constitution’s Declaration of Rights, now known as the “Environmental Rights Amendment” (ERA). The...more

2nd Circuit Weighs in on Certifying Classes Involving Foreign Securities

by Burr & Forman on

In In re Petrobras Securities Litigation, the Second Circuit Court of Appeals recently issued an opinion regarding the standards for certifying a class involving foreign securities. Petrobras is a multinational Brazilian gas...more

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

by Liskow & Lewis on

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement...more

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

Pennsylvania Supreme Court Extends Its Landmark Robinson Township Decision in Pennsylvania Environmental Defense Foundation v....

by Ballard Spahr LLP on

The "Environmental Bill of Rights" is now indisputably the law of the land in Pennsylvania. A majority of the Pennsylvania Supreme Court reaffirmed and extended its landmark decision in Robinson Township v. Commonwealth, 83...more

Second Circuit Rejects First Circuit’s “Extreme Departure” Test for Assessing Materiality of an Alleged Omission of Interim...

In Stadnick v. Vivint Solar, Inc., 2017 WL 2661597 (2d Cir. June 21, 2017), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims for violations of Section 11 of the Securities Act of...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

by Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

California Environmental Law & Policy Update - July 2017

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court upholds restrictions on Encinitas seawall - San Diego Union-Tribune - Jul 6 - The California Supreme Court dealt a blow Thursday to two coastal property...more

Methane Rule Can’t Be Paused, But Maybe It Can Be Stopped

This week, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated the US Environmental Protection Agency’s (EPA) 90-day stay of an Obama-era rule regulating methane emissions from oil and...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Quebec Court Rules on the Role of Social Acceptability in the Project Approval Process

On June 21, 2017, the Superior Court of Québec (Court) ruled against Ressources Strateco inc. (Strateco) in a decision that addresses the issue of social acceptability in the context of project approvals in Northern...more

Ninth Circuit Decision Expands U.S. Jurisdiction for International Nuclear Liability - The Ninth Circuit allowed U.S. service...

On June 22, 2017, a three-judge panel on the Ninth Circuit issued a unanimous decision in Cooper v. Tokyo Electric Power. The case is unique as it is the only claim brought in the United States for damages arising out of the...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more

EPA Does Not Have a Non-Discretionary Duty to Assess the Impact of Clean Air Regulations on Employment

On June 29, 2017, the Court of Appeals for the 4th Circuit reversed a District Court decision and rejected the lawsuit by Murray Energy which argued that EPA had a non-discretionary duty under § 321(a) of the Clean Air Act...more

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