Energy & Utilities Law, Civil Remedies

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

by Valerie Goo | Orrick - Trade Secrets Group on 5/21/2013

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

PEMEX Files Suit to Recover $160 Million in Bribery Case

by Marta Colomar, Carlos Gonzalez | Michael Diaz Jr. - Diaz Reus International... on 5/20/2013

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities

by Dennis Linken on 5/13/2013

Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities by Dennis C. Linken on May 3, 2013 A recent State Superior Court, Appellate Division, case has affirmed the overarching authority of the...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

by Shaye Diveley, Miles H. Imwalle | Morrison & Foerster LLP on 5/1/2013

The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, Thomas Warren | Sutherland Asbill & Brennan LLP on 4/29/2013

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

by Christopher Boisvert, Karen Daly, Argia DiMarco, Michael Kichline, William McEnroe | Dechert LLP on 4/26/2013

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

TRANSACTIONAL: Project Development/Finance: Key Considerations in Energy Take-or-Pay Contracts

by King & Spalding on 4/22/2013

Perhaps the most common type of off-take contract in a large scale energy project is the take-or-pay contract. A properly constructed take-or-pay contract provides the seller with an assured revenue stream that ensures an...more

USEPA Proposes Updates To Oil And Gas Air Rules For Storage Tanks

by Jason Yearout | BakerHostetler on 4/19/2013

Two months ago, the U.S. Environmental Protection Agency (USEPA) requested that a federal judge stay the lawsuits challenging its oil and gas air rule revisions to allow the agency to revisit controversial aspects of the...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

by Allison Davis | Davis Wright Tremaine LLP on 4/16/2013

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

Neutrals create streamlined process for resolving natural disaster cases

by JAMS, The Resolution Experts on 4/4/2013

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

BP Could Have Stopped Gulf Oil Spill on Day 2, Says Expert

by Josh Crank | Lawyers.com on 4/4/2013

Oil giant BP could have stopped the massive 2010 oil leak in the Gulf of Mexico just two days after the blowout aboard the Deepwater Horizon oil rig, an expert witness testified today in the civil trial over the spill....more

BP, Alabama to File for Sanctions Against Halliburton

by Josh Crank | Lawyers.com on 3/22/2013

Lawyers for oil giant BP and the state of Alabama told a federal judge today that they intend to file for sanctions against Halliburton for its handling of cement samples in the wake of the 2010 Deepwater Horizon oil rig...more

Damages Awarded Against Underwriter for Failing to Complete a Bought Deal

by Paul Barbeau, Matthew Olson, William Osler, David Phillips | Bennett Jones LLP on 3/22/2013

The Ontario Superior Court of Justice recently awarded damages of just over $16 million against Thomas Weisel Partners Canada Inc. (now Stifel Nicolaus Canada Inc.) for failing to close on a bought deal private placement...more

Coal Plants Sued For Pollution Exceedances

by Bruce Goodman | Varnum LLP on 3/21/2013

On March 12 the Sierra Club filed a lawsuit in Federal District Court against DTE Energy Company alleging violations of the federal Clean Air Act. The complaint cited 1499 instances between January 1, 2007 and June 30, 2012...more

Businesses Most Affected by the Deepwater Horizon Oil Spill

by Perry Draper Law on 3/20/2013

So far, more than $9.5 billion has been paid out to compensate Gulf Coast residents and businesses for the losses suffered from the April 2010 Deepwater Horizon oil spill. With the claims process reopened and a new settlement...more

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

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

Catches Down & Prices Up Two Years After BP Oil Spill

by Perry Draper Law on 3/13/2013

There are always fluctuations in catches, often exaggerated by fishers as they exchange tall tales. Two years after the Deepwater Horizon oil spill, Louisiana crab and shrimpers are complaining about dire drops in yields. But...more

$16 Million Awarded for Breach of Bought Deal Engagement Letter by Dealer

by Kyler Wells | Heenan Blaikie LLP on 3/13/2013

Overview - On March 1, 2013, the Ontario Superior Court of Justice determined that Stifel Nicolaus Canada Inc. (formerly Thomas Weisel Partners Canada Inc.) breached its bought deal engagement letter with Stetson Oil &...more

Indirect Costs of Deepwater Horizon Oil Spill May Be Reimbursed

by Perry Draper Law on 3/7/2013

Lost business, lost profits — these are easily the most recognizable losses eligible for compensation from the BP settlement funds. However, under a new claims administrator and a new claims process, there are additional...more

Research Shows Impact Two Years After the Deepwater Horizon Oil Spill

by Perry Draper Law on 3/4/2013

Everyone is looking for changes to the Gulf of Mexico two years after the Deepwater Horizon oil spill. The federal government operates the Natural Resource Damage Assessment Process, which conducted a preliminary assessment,...more

US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of...

by Jennifer Beidel, John Stoviak, Elizabeth Witmer | Saul Ewing LLP on 2/8/2013

In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C....more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

by Tressi L. Cordaro | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/25/2013

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Energy & Utilities Law › Civil Remedies