Civil Remedies, Civil Procedure, Energy & Utilities Law

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

by April Grosse, Jeffrey S. Leon, Sheena Owens | Bennett Jones LLP on 5/22/2013

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

by Shaye Diveley, Miles H. Imwalle | Morrison & Foerster LLP on 5/1/2013

The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...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

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

BP, Alabama to File for Sanctions Against Halliburton

by Josh Crank | Lawyers.com on 3/22/2013

Lawyers for oil giant BP and the state of Alabama told a federal judge today that they intend to file for sanctions against Halliburton for its handling of cement samples in the wake of the 2010 Deepwater Horizon oil rig...more

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

The Supreme Court of Canada has just decided to hear a commercial arbitration case arising from a finder’s fee dispute in the mining industry. The legal issues in the appeals — plural — go to the heart of the relationship...more

Supreme Court Refuses to Hear Chevron's Appeal re $18 Billion Ecuador Contamination Case

by Matt Bingham | Lewis and Roca LLP on 10/12/2012

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals. Chevron had asked the federal courts for an injunction barring the enforcement of a $18...more

DISPUTE RESOLUTION: Climate Change Litigation: Ninth Circuit Rejects Plaintiffs’ Claims for Damages for Alleged Climate...

by King & Spalding on 10/8/2012

In Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. Sep. 21, 2012), a panel of the Ninth Circuit unanimously affirmed the dismissal of an action brought by plaintiffs who sought $400 million in damages...more

Arbitration Award Can Be Vacated If It Directs Party To Perform Illegal Act

by Leonard, Street and Deinard - Arbitration... on 9/28/2012

In a new decision from the First Circuit, which refuses to make any definitive pronouncements about the law on vacating arbitration awards, the court said it assumes “with some confidence” that if an arbitration award...more

Federal Court Concludes Much of SEC Claims Against Nicor Gas Executives Are Full of Gas

by Orrick - Securities Litigation and Regulatory... on 9/5/2012

A federal judge in Illinois hollowed out much of the SEC’s case against two former executives of Nicor Gas. SEC v. Fisher, et al., No. 07-4483 (N.D. Ill.) (Zagel, J.) (Order). Although the court allowed the SEC’s substantive...more

Two Strikes Against Common Law Approaches to Climate Change: The Atmosphere Is Not A Public Trust

by Foley Hoag LLP - Environmental Law on 6/4/2012

Yesterday, the District Court for the District of Columbia dismissed the so-called “public trust” climate change law suit. I will certainly give the plaintiffs in these cases credit for both originality and persistence. Legal...more

New Decisions -- Pleading Requirements for Complaints Alleging Contamination from Hydraulic Fracturing by H. Victor Thomas

by King & Spalding on 5/8/2012

The development of natural gas wells using hydraulic fracturing technology—fracking — has grown exponentially and increased natural gas reserves to record levels. Hydraulic fracturing requires the discharge of significant...more

USEPA Issues New Air Regulations for Oil and Gas Industry

by Spilman Thomas & Battle, PLLC on 5/1/2012

On April 17, 2012, the United States Environmental Protection Agency (“USEPA”) finalized its long-anticipated updated New Source Performance Standards (“NSPS”) and National Emissions Standards for Hazardous Air Pollutants...more

Update on Pa. Municipality Act 13 Lawsuit

by Spilman Thomas & Battle, PLLC on 4/30/2012

As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more

Seller Entitled to Post-Closing Bonus Payment Despite Changes to Transaction Terms

by Katten Muchin Rosenman LLP on 4/18/2012

The Delaware Supreme Court recently reversed a Superior Court’s grant of summary judgment in a case involving the sale of a renewable energy business. BLGH Holdings LLC (BLGH), entered into an agreement to sell its...more

Bans Upheld In Lower Court

by Cullen and Dykman LLP on 4/13/2012

Within a week of each other, two lower courts in New York upheld municipal bans on hydraulic fracturing and gas drilling in the Towns of Dryden and Middlefield. These two cases are being closely watched for their precedent...more

State Water Control Law and Virginia Waste Management Act, Two Statutory Schemes with $9 Million in the Balance: Campbell County...

by Sands Anderson PC on 1/17/2012

In the trial court, Campbell County lost, and lost big. The judgment appealed to the Virginia Supreme Court included $9 million in damages, plus another $600,000 in attorneys’ fees and costs. On appeal, the County won just as...more

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Civil Remedies › Civil Procedure › Energy & Utilities Law