Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

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

Virginia Supreme Court Affirms Decision Finding No Insurance Coverage for Alleged Climate Change Liability

by McKenna Long & Aldridge LLP on 4/23/2012

After a brief detour, the Supreme Court of Virginia once again has concluded that insurance companies do not have to defend utility companies accused of intentional wrongdoing in connection with alleged climate change...more

Losing Appellant Must Pay The County’s Attorney Fees In Drain Code Appeal

by Warner Norcross & Judd - Appellate Practice... on 4/19/2012

The “American rule” that each party pays their own attorney’s fees does not apply in drain code appeals, according to the Court of Appeals’ decision in Arath IV, Inc. v. Kent County Drain Commissioner (In re Waters Drain...more

New Oil Pollution Deskbook Highlights OPA Rules

by Patton Boggs LLP on 4/18/2012

The second anniversary of the April 20, 2010 Deepwater Horizon oil spill highlights the big legal risks that come from an oil spill, whether at wells such as BP’s Macondo well, or at pipelines, terminals, storage tanks, or on...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

McAfee & Taft RegLINC - April 2012: $38 million fine for Pacific Gas & Electric 2008 explosion By Chris Paul

by McAfee & Taft on 4/17/2012

California applied a $38 million penalty against Pacific Gas & Electric Co. for a 2008 gas explosion in which one person died and five were injured, caused by a faulty pipeline installation and failed oversight. Article...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

Wondering About the Status of EPA's CCR Rule? So Are 11 Environmental Groups

by Foley Hoag LLP - Environmental Law on 4/10/2012

I have had a number of clients ask me recently about the status of EPA’s efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question....more

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

by K&L Gates LLP on 4/4/2012

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

Delaware Chancery Court Reluctantly Declines to Stop Stockholder Vote

by Loeb & Loeb LLP on 3/16/2012

The Delaware Chancery Court denied an application for preliminary injunction to stop a stockholder vote on a merger, in In re El Paso Corporation Shareholder Litigation, Consolidated CA No. 6949-CS. El Paso, which has...more

New York Supreme Court Upholds Towns’ Fracking Bans

by Sedgwick LLP on 2/29/2012

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

Tenth Circuit Says Customer Is “Stuck Between a Rock and a Pile of Sewage”: Tying Suit Against City Moves Forward After U.S....

by Sutherland Asbill & Brennan LLP on 2/7/2012

Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities. On January 17, 2012, the U.S. Supreme Court let stand a decision that permits an unlawful...more

Focus on the Environmental and Aboriginal Law - January 18, 2012

by Fraser Milner Casgrain LLP on 1/18/2012

In This Issue 1 Ontario Court Halts Exploration After Mining Company Refused to Consult First Nation 2 Contact Us Excerpt From Ontario Court Halts Exploration After Mining Company Refused to...more

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Civil Remedies – May 23, 2012

Narrowed by: Energy & Utilities Law