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Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more
1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more
Arbitration clauses are very common in contracts in the construction and energy industries. Many industry players reflexively insist on arbitration despite its pitfalls. ...more
In Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63, the Alberta Court of Queen’s Bench considered the application of Kasten Energy Inc. (“Kasten”) to appoint a receiver over all of the assets and undertakings of...more
On May 14, 2013, Judge Lewis A. Kaplan of the Southern District of New York affirmed a magistrate judge's decision denying plaintiff Chevron Corporation's ("Chevron's") motion to quash deposition notices for Chevron CEO John...more
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
On March 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over natural gas futures contracts and that the Federal...more
The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the...more
The U.S. Court of Appeals for the D.C. Circuit decided today that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over all transactions involving commodity futures contracts and that the Federal...more
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
March 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. New testimony at the BP oil spill trial in New Orleans focuses on a key safety test taken shortly before the accident. Also,...more
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