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Texas Supreme Court Avoids Answering a Fundamental Question in a Wastewater Disposal Case

One year ago, in the May 2014 issue of the Energy Newsletter, we highlighted the case of Environmental Processing Systems, L.C. v. FPL Farming Ltd., (2015 WL 496336) an important environmental trespass case pending before the...more

Tentative 2014 Cook County Equalization Factor Released

The Illinois Department of Revenue has released the tentative 2014 Cook County equalization factor. The preliminary factor is 2.6922. Prior year equalization factors are summarized...more

President Obama Signs Executive Order Reducing Federal GHG Emissions

On March 19, 2015, the White House published an Executive Order signed by President Obama that would further a preference for U.S. Department of Agriculture (USDA) BioPreferred products....more

Pennsylvania Supreme Court Holds First Manifestation Coverage Trigger Applies to Property Damage Case

In Penn Nat’l Mut’l Ins. Co. v. St. John, 2014 Pa LEXIS 3313 (Pa Dec. 15, 2014), the Supreme Court of Pennsylvania held that coverage was triggered under a commercial general liability (“CGL”) policy “when property damage...more

PA Supreme Court Declines to Extend Multiple Trigger Theory to Property Damage Claims

Where an insured loss causes damages that straddle multiple policy periods, insurers and insureds must determine which policies are implicated. Clear rules regarding “trigger” of coverage benefit policyholders seeking to...more

Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL...more

PA Supreme Court Grants Important Victory for Insurers Regarding CGL Coverage for Progressive Property Damage

In a comprehensive and sweeping opinion, the Pennsylvania Supreme Court affirmed several key principles of commercial general liability (CGL) policy interpretation in Penn National v. St. John, decided on December 15, 2014....more

Unmanned Aircraft Systems Are 'Aircraft' Once Again

On November 17, the National Transportation Safety Board (NTSB) reversed an administrative law judge’s decision that had called into question the Federal Aviation Administration's (FAA) authority to regulate Unmanned Aircraft...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

ML Strategies Energy and Environment Update: Week of 10/20/2014

ENERGY AND CLIMATE DEBATE - With just over two weeks until election day, Congress is preparing for a brief but intense Lame Duck session, while continuing final campaign pushes. With several races still in the...more

Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property

In a closely watched case, the Texas Supreme Court recently declined to address the issue of a right to recover damages for “stigma” in the absence of a permanent physical injury to property. (Houston Unlimited, Inc. v. Mel...more

Does Your Alberta-related Deal Trigger Foreign Ownership of Land Regulations?

There is no doubt that the Agricultural and Recreational Land Ownership Act and Foreign Ownership of Land Regulations are a mouthful, but they may not always be top of mind when considering buying or leasing land in Alberta,...more

McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a...more

The Doctrine of Emblements: Protection for Texas Farm Lessees

Under Texas law, a lessee who plants crops on the leased property may have a right to enter the property to harvest the crops even after the termination of the lease if the doctrine of emblements is applicable. Learn more...more

Current Issues in Texas Surface Water Law

Learn more about the major issues currently going on in Texas related to surface water. This article was initially published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw ...more

Texas Water: Basics of Surface Water Law

This article outlines the basics of surface water law in Texas. *This was first published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw . ...more

Texas Water Wars: Texas v. New Mexico

Learn more about a lawsuit between the states regarding the waters of the Rio Grande River that is creating serious controversy between the two states and may be decided by the United States Supreme Court. This article is...more

Devon Energy Seeks Appellate Review of Application of Marketable Condition Rule

Devon Energy Corporation has filed an application for interlocutory appeal with the New Mexico Court of Appeals. If accepted, the Court of Appeals will likely determine whether New Mexico recognizes the "Marketable Condition...more

Most Favored Nations Clause: Something To Consider

A recent Texas appellate court decision outlines the mechanics of a "most favored nations clause" in an oil and gas lease. These clauses require that a mineral lessor treat the lessee as well as any other lessee in a defined...more

Reeves v. Hooton: Texas Right to Farm Act Inapplicable

The Tyler Court of Appeals recently upheld a jury verdict that deemed the Texas Right to Farm Act inapplicable in a case involving the use of a propane cannon. The jury found insufficient evidence that the farmer's use of...more

Texas Surface Owners Beware!: Understanding Mineral Lessee’s Rights to Use the Surface Estate

In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface...more

Peotone Airport Legislation Contains Significant Changes To Property Tax Code

When Governor Quinn signed P.A. 98-109 into law, media reports focused on the legislation pushing forward a Peotone airport, but the 371 pages of legislation also contain a number of other changes. ...more

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite...

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court’s judgment denying a writ petition with directions that the County of Mendocino prepare and circulate a...more

Seeing the Forest through the Trees -- A New Method for Structuring Investment by Foreign Investors in U.S. Timber and...

Overview - Large institutional investors including pension plans and endowments and foundations have made significant investments in timberland over the last forty years. These same investors have also made significant...more

A Cattle Rancher v. An Oil Company - The Accomodation Doctrine

The Texas Supreme Court recently outlined the parameters of the accommodation doctrine as it applied when oil companies are granted the implied right to enter and utilize a surface estate in order to drill for and produce oil...more

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