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Mixed Result In A Louisiana Legacy Pollution Case

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more

Fear Alone Won’t Get You An Injunction

With apologies for being absent for a week, ponder this question when you embark on a fight with the officers and directors of the energy company you own a part of: How does your subjective fear of harm factor into your right...more

More on Old NSR Claims: Injunctive Relief Remains Available Against Original Owners Foolish Enough Not to Have Sold

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to implementing major modifications are not continuing, but are instead one-time...more

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 14, 2012

On September 14, 2012, the Virginia Supreme Court issued no opinions affecting the practice of Virginia local government law. Actually, that is not true. While no opinions involved cases with local government parties,...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

Is Production Required to Maintain Flat-Rate Royalty Oil and Gas Leases in Pennsylvania? It Depends...

In Heasley v. KSM Energy, Inc. the Pennsylvania Superior Court recently affirmed a trial court’s decision reiterating the distinction between those flat-rate royalty oil and gas leases which are dependent on production of oil...more

K&L Gates Represents Oil and Gas Producers in Major Pennsylvania Supreme Court Victory

On March 26, 2012, the Pennsylvania Supreme Court issued its long-awaited decision in T.W. Phillips Gas & Oil Co. v. Jedlicka, ___ A.3d ___, Docket No. 19 WAP 2009 (Pa. March 26, 2012). In a major victory for Pennsylvania’s...more

New York Supreme Court Upholds Towns’ Fracking Bans

In two separate decisions issued last week, the Supreme Court of the State of New York (the state's trial level court) upheld the Town of Dryden's ban on hydraulic fracturing (or fracking) in Tompkins County, and...more

Supplier’s liability for electrical power outages

Originally published in the Polish Construction Review – Issue No. 1 (130), one January 5, 2012. Access to utilities (electricity, sewerage, water, etc.) is one of the fundamental conditions for being able to take proper...more

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