Read Energy & Utilities Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Uncertainty Surrounds Illinois’s Nationally-Watched Collaborative Legislation On Fracking
Transbay Tower Groundbreaking
Consultant: BigLaw Growth is NOT Dead!
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Local Governments Continue to Fight States for Right to Govern Fracking
Deryck Palmer on What’s Next for the Energy Sector
BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail
Are EPA Regulations or Market Factors More to Blame for Potential Coal Plant Closures?
Regulatory Challanges When Bringing a Vehicle to Market in the United States
Obama Blocks Chinese-Owned Wind Project Out of Concerns for National Security
Pacific Northwest Positioned to Be Hub for Great Sustainable Transportation Economy
Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Vermont Becomes the First State to Outlaw Fracking—Stone Pigman's Keith Hall
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
LXBN This Week, Episode 1: Brinker, NLRB Posting Rule, Fracking, SmithKline in the Supreme Court
Is Fracking Safe?
Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more
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
Earlier this week, I mentioned the former Public Utility Holding Company Act (aka PUHCA). Although it was repealed several years ago, the PUHCA remains important as the legal substrate upon which the famous, and still...more
One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the...more
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
A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more
Fracking is all the rage these days, a means of increasing domestic energy production by injecting fluid into cracks that exists in rock formations to open them up and allow oil and gas to flow out and be collected. There is...more
The other shoe finally dropped. The much-speculated and much-anticipated “tax vs. fee” AB 32 Cap and Trade lawsuit has finally been filed. A diverse coalition of businesses and trade groups filed a lawsuit in a state superior...more
Environmental and Policy Focus -
..Court rules CEQA streamlining provision unconstitutional:
CourtHouse News - Apr 3 -
A section of a California law aimed at streamlining construction projects by moving...more
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
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
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
The Province of Ontario has imposed a requirement that in order to participate in its feed in tariff program (FIT) for solar energy a project much source at least 60% of the solar project content from within the Province....more
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more
Before you get your hopes up, this is not a reference to "Opposites Attract" by Paula Abdul, and I will not be singing. Rather, I am referring to the Montana Legislature's recent decision to repeal a two-year-old law that...more
The nationwide oil and gas boom has exposed a rift in the relationship between state and local governments seeking to regulate shale drilling and development. This tension has been playing out in several key shale states –...more
On January 28, 2013, in the consolidated matters of Reep v. State and Brigham Oil v. North Dakota, the Northwest Judicial District Court of North Dakota issued an Order for Partial Summary Judgment, concluding that the "State...more
Originally published in the Commercial Property Executive on January 16, 2013.
Property owners frequently raise legitimate questions about hard-to-fathom differences between assessments of similar properties, as well as...more
On January 2, the Securities and Exchange Commission (“SEC”) filed its brief (.pdf) in the lawsuit brought by the U.S. Chamber of Commerce, the American Petroleum Institute (“API”), the National Foreign Trade Council, and the...more
On January 8, 2012, the Mikisew Cree First Nation and the Frog Lake First Nation (the First Nations), both located in Alberta, filed notices of application (the Applications) with the Federal Court seeking judicial review of...more
For our readers who are keeping tabs on developments in the hydraulic fracturing (“fracking”) industry, we thought you would be interested in Sedgwick’s latest Hydraulic Fracturing News Flash regarding a recent proposal in...more
One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more
On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more
In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a...more
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
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