Constitutional Law

Read Energy & Utilities Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 18, 2013

New Floodplain Ordinance Targets Oil and Gas Operations

by Mark Clark | Spilman Thomas & Battle, PLLC on 4/26/2013

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

SEC Files Initial Brief in Conflict Minerals Rule Case

by Edward Sarnowski | Holland & Knight LLP on 4/16/2013

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

4th Circuit Issues Two Standing Opinions on the Same Day

by Ellis, Lawhorne & Sims, P.A. on 4/11/2013

The 4th Circuit Court of Appeals had the opportunity to consider constitutional standing requirements in two very similar cases. The opinions offer some insight into the application of the Lujan test....more

The Alaska Constitution and Alaska Oil and Gas Projects

by Lisa Doehl | Davis Wright Tremaine LLP on 4/10/2013

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Sutherland Salt Shaker - November 2012

by Sutherland Asbill & Brennan LLP on 11/28/2012

In This Issue: - The Lone Star State Swings the Lasso Around E-Commerce Services - Don’t Mess with Texas: No Three-Factor MTC Election for You! - SALT Pet of the Month - The Clicks Keep on Coming in...more

DISPUTE RESOLUTION: Oil & Gas Litigation: SEC Sued Over Dodd-Frank Extractive Industries Rule

by King & Spalding on 11/21/2012

A divided Securities and Exchange Commission (SEC) recently adopted a rule affecting publicly-traded oil, gas, and mining companies. The Commission promulgated these regulations pursuant to Section 1504 of the Dodd-Frank Act....more

Indonesian State Owned Upstream Oil and Gas Regulator Invalidated by Constitutional Court

by Raja Bose | K&L Gates LLP on 11/15/2012

BPMIGAS (the Indonesian state upstream oil and gas regulator) has effectively been invalidated by the Constitutional Court. On November 13, 2012, the Constitutional Court annulled certain provisions of Law 22 of 2001 on...more

Foreign Investments: Iran Investment Bill Well-Intentioned, But Unconstitutional

by Barger & Wolen on 7/23/2012

Sam Sorich and Larry Golub authored an article in the Insurance Journal discussing AB 2160, legislation that would prevent insurers from counting investments connected to the Iran's energy industry toward meeting their...more

CPUC Authorizes Use of Tradable Renewable Energy Credits: Déjà vu all over again

by Davis Wright Tremaine LLP on 1/14/2011

On Jan. 13, 2011, by a 3-0 vote, the California Public Utilities Commission (CPUC) announced a decision again authorizing the procurement of tradable renewable energy credits (TRECs) by the three largest California...more

A Deal Is Still a Deal: Morgan Stanley Capital Group v. Public Utility District No. 1, by Richard P. Bress, Michael J. Gergen, and...

by Cato Institute on 9/8/2008

A deal is a deal. This concept is firmly entrenched in American culture and law,1 and is widely viewed as an essential cornerstone of economic development and stability.2 It has thus long been understood in our nation that...more