Energy & Utilities Civil Remedies

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Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit...

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public...more

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

Grant of Summary Judgment to Gas Facility Operator Based On “Pay First, Dispute Later” Clause Upheld

There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more

Supreme Court Invalidates Maryland Power Plant Subsidy Program and Reaffirms FERC’s Exclusive Authority Over Wholesale Capacity...

On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more

Supreme Court Decides Hughes v. Talen Energy Marketing, LLC

On April 19, 2016, the United States Supreme Court decided Hughes v. Talen Energy Marketing, LLC, No. 14-614, holding that Maryland’s program that provided subsidies to a new electricity generator through state-mandated...more

Supreme Court rules on state energy incentives

The U.S. Supreme Court has released its ruling on a case affecting how states may provide incentives for electric power generation. In Hughes v. Talen Energy Marketing, LLC, the Court upheld a lower court's ruling...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

Pennsylvania Supreme Court holds estoppel by deed applies to oil and gas leases

In the Court’s first decision on oil and gas issues since three new justices were elected, the Pennsylvania Supreme Court recently held that the doctrine of estoppel by deed applies to oil and gas leases. In Shedden v....more

Clean Power Plan - Work Continues Despite Stay

Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies. ...more

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

“Waters of the U.S.” Rule Still Subject to Nationwide Stay, For Now

Would you consider this a “Water of the United States” subject to the Clean Water Act? Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus...more

Double Counting and Inflexibility Are Unreasonable in 4A Negotiations Says Mass. Appeals Court: Court Affirms Award of Attorneys’...

Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more

Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

Since this blog’s post on production in paying quantities on January 26, 2016, the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., L.P., 50,300-CA (La....more

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

Renewable Energy Remains Poised for a Banner Year in 2016

Opposition to the Clean Power Plan (CPP), promulgated by the EPA and championed by the Obama administration as a path to a cleaner energy future, recently came to a head as the Supreme Court granted opponents a stay halting...more

The Long and Winding Road of the Clean Power Plan Litigation

The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more

Looking Forward: Canadian Class Actions in 2016

Looking Forward - The last few years have been active for class actions in Canada, and the activity did not slow down in 2015. This past year, Bennett Jones was involved with some of the most important class...more

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

Environmental Notes - February 2016

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Supreme Court Blocks Clean Power Plan, But Scalia’s Death Changes Outlook on Ultimate Fate

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Renewable Energy Update - February 2016 #2

Renewable Energy Focus - President Obama requests significant funding boost for clean energy R&D - Solar Industry Magazine - Feb 9 - President Barack Obama’s 2017 budget proposal for the U.S. Department of...more

U.S. Supreme Court Unexpectedly Stays Clean Power Plan

In a virtually unprecedented move, the Supreme Court yesterday issued an order staying the Clean Power Plan, the cornerstone of President Obama’s environmental agenda and the most significant step the country has ever taken...more

Supreme Court Orders Temporary Halt to Clean Power Plan

On February 9, the U.S. Supreme Court delivered a major setback to the Obama Administration’s efforts to curb emissions of carbon dioxide from existing power plants in the U.S. In a 5-4 split decision, the Court granted...more

California Environmental Law & Policy Update - February 2016 #2

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Foley Hoag Climate Update: February 2016

The Paris Outcome - After two weeks of intense negotiations at the Paris climate conference, 195 countries finally adopted the Paris Agreement and a Decision to limit “the increase in the global average temperature to...more

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