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Is It Too Late to Just Throw Superfund to the Curb?

Last week, Judge Paul Borman of the Eastern District of Michigan, allowed a motion by the United States for judgment on the pleadings, dismissing a third-party complaint brought against the United States by Michigan...more

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

Pennsylvania Superior Court Confirms “Or” Means “Or”

On February 4, 2015, less than one month after hearing oral argument on the matter, the Pennsylvania Superior Court affirmed the April 2014 decision of Greene County Court of Common Pleas Judge William R. Nalitz in Warren v....more

Pa. Gas Utility May Use Eminent Domain to Supply Private Power Plant

A Lycoming County, Pennsylvania, judge recently authorized a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private...more

Texas Supreme Court Argument Preview (9/14)

On Wednesday, September 17, 2014, the Texas Supreme Court will hear argument in three cases. The arguments will begin at 9:00 am, and you can watch them live. You can also watch the recording later at the same link....more

North Dakota Good Faith Purchasers: At What Point is Notice Relevant?

The Question - In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party...more

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection...

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of...more

Should You Pay for Something You’re Not Getting? The Pennsylvania Supreme Court Will Take Up Shedden v. Anadarko E&P Company, L.P.

The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not...more

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more

Leach Oil and Mouren-Laurens Oil Sites Add 1,300 New PRPs to Litigation

The Leach Oil Site and the Mouren-Laurens Oil Site are located adjacent to each other in Compton, California. These sites have been the subject of litigation between the current and former owners and operators for almost 15...more

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

Default Notices and Freehold Leases: Take Two

There may be a sign that last year’s dire consequences for a freehold oil and gas lessee who does not quickly respond to a default notice by commencing legal proceedings may be moderating somewhat, at least in certain...more

Louisiana Court of Appeal Rejects Plaintiff's Attempt to Join Claims of Contamination of Separate Parcels with Different Lessees...

The Third Circuit Court of Appeal in Louisiana issued an opinion on December 11, 2013, that may have a profound impact on litigation related to contamination from historic oil and gas exploration and production operations in...more

How To Perfect And Enforce A Mineral Lien: Six Steps

If you furnish labor or materials to an oil or gas well and are not paid, then you should consider filing a mineral lien. Below are the steps to perfect a mineral lien....more

A Favored-Nations Clause Gone Awry

Oh, how a simple Favored-Nations clause in an oil and gas lease can get complicated, with large financial consequences! In BP America Production Company v. Zaffirini, BP paid Solis a $1,300 per acre bonus for a lease covering...more

U.S. Court Rejects Challenge To CFIUS National Security Review

This blog previously reported in July 2013 on a lawsuit that Ralls Corporation brought against the President of the United States and the Committee on Foreign Investment in the United States challenging the President’s order...more

Lessee: Beware The Automatic Termination Clause

The fellow on the right is after your lease. The result in Cabot Oil & Gas Corporation v. Healey, LP was so bad for the lessee I’m going directly to...more

Oil & Gas Lessees Retain Important Rights in W.Va.

The Fourth Circuit Court of Appeals’ recent decision in Whiteman v. Chesapeake Appalachia, LLC, affirms the right of a mineral estate lessee to construct impoundments for the disposal of drilling mud, drill cuttings, and...more

CEQA, Sausages, And The Art of The Possible: A Closer Look at SB 743’s General CEQA Reform Provisions

In a flurry of eleventh-hour activity following Senate President Pro Tem Darrell Steinberg’s withdrawal of SB 731 from consideration (see 9/13/13 post “Steinberg Drops Statewide CEQA Reform Bill (SB 731) After Meeting with...more

Lease Contests in the West Virginia Shale Plays

Over the past 18 months, landowners have filed independent actions in West Virginia state courts to invalidate oil and gas leases, some, if not all, of which have been removed to the federal court for the Northern District of...more

When Is A Notice-Of-Assignment Clause Not Effective?

A provision in a contract, no matter how unequivocal, does not always trump the law....more

Pa. Supreme Court Issues Decision in Butler Case

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

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Texas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection

The Texas Supreme Court issued an opinion on Friday, June 22,2012, in Oncor Electric Delivery Company, LLC v. Dallas Area Rapid Transit and Fort Worth Transportation Authority (Cause No. 11-0079)— holding that a recent change...more

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