Energy & Utilities Elections & Politics Civil Procedure

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Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Utah Legislative Update: 2015 Water Law Legislation

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

Mello-Roos Act Can Lawfully Finance Eminent Domain Actions

California Appellate Court Affirms Public Water District's Action to Buy Private Water Company - The Mello-Roos Act can be used to finance acquisitions by eminent domain, the Second District Court of Appeal affirmed in a...more

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters - A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

No Legislative Denouement Yet.....

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more

Governor Jindal Signs Bill Aimed at Ending Suit by Levee Board

On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and...more

How Local Drilling Regulations May Impede Business Development in WV

As governor, Senator Joe Manchin famously declared West Virginia to be “Open for Business.” Whether motivated by environmental or other concerns, however, some groups believe that, when it comes to the natural gas industry,...more

Questionning Environmental Law And Regulatory Policy

A significant issue in the recent federal government shut down was the fundamental question over the scope of government authority and its role in a wide range of activities. In short, should there be any government...more

Supreme Court Grants Limited Review of GHG Emissions Regulations

On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency (“EPA”) greenhouse gas...more

The Renewable Resources Coalition Case: Pleading Around California’s Anti-SLAPP Statute

The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of...more

U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of...

On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit took the rare step of granting a Petition for Writ of Mandamus compelling the Nuclear Regulatory Commission (“NRC”) to resume the licensing...more

Court Rules Voter Initiative Cannot Force Water District to Set Rates Below Level Mandated by State Statute - Water Districts Must...

In Mission Springs Water District v. Verjil, a California appellate court invalidated voter initiatives that had proposed to reduce a water district’s recently adopted rate increases and limit the amount the district could...more

The Shale Play Today - February 2012

In This Issue: - Judicial Hostility Toward Fracking in N.Y. Reinforces Anti-drilling Perception - Pa. Gov. Corbett Signs New Oil & Gas Legislation - Wheeling, W.Va. Center of Gas Industry Activity - Useful...more

Gas Tax Advances, Statute Of Repose Comes Out of Repose

SSB3141, a bill that would increase Iowa’s gas tax by five cents per year in 2013 and 2014, took another tentative step forward this week when it was voted out of the Senate Transportation Committee. The bill would...more

Climate Litigation: New Approaches to Climate Control Mean New Issues to Litigate By Michael J. Steel, Morrison & Foerster LLP

‘‘Whether Congress acts or EPA proceeds under the Clean Air Act, greenhouse gas regulation is coming,’’ attorney Michael J. Steel says in this Analysis & Perspective article. The author discusses administrative developments...more

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