Energy & Utilities Government Contracting Civil Procedure

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CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water...more

SolarCity Discovery Motion Details Treasury’s Cash Grant Processes and Treasury’s Communications with SolarCity

On June 23, 2014, Covington & Burling (C&B), on behalf of affiliates of SolarCity Corporation (“SolarCity”) filed a motion in the Court of Federal Claims to compel Treasury to produce documents related to the setting of...more

Shell Oil Co. v. United States -- A Divided Federal Circuit Identifies An Exception To The Rule That "No Good Deed Goes...

It would be almost impossible to identify all of the individuals and companies that were critical to America's war efforts during World War II. The sacrifices of those who fought on the foreign battlefields in the European...more

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

Appeal Court Allows $2-Billion Wind Farm Action to Proceed Against Government of Ontario

On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more

Argument Report: Illinois Supreme Court Debates Status of Water Facility Contractor

When does an independent contractor become a public utility? That's the question the Illinois Supreme Court debated during the September term in People ex rel. Department of Labor v. E.R.H. Enterprises, Inc. Based upon the...more

“SolarCity” Cash Grant Case Survives DOJ’s Motion to Dismiss

Today, Judge Bruggnick of the Court of Federal Claims denied the Department of Justice’s (DOJ) motion to dismiss the complaint filed by two special purpose entities affiliated with SolarCity regarding the Treasury’s...more

Illinois Supreme Court to Debate Exemptions From Prevailing Wage Act

Our previews of the oral arguments on the Illinois Supreme Court’s September docket continue with People ex rel. Department of Labor v. E. R. H. Enterprises, Inc. E.R.H. began in 2008 when the Labor Department issued...more

DOJ Fires Back in SolarCity Cash Grant Litigation Motion to Dismiss Battle

On August 12, the Department of Justice filed a brief in response to the plaintiffs’ opposition to DOJ’s motion to dismiss. A copy of the brief is available here. The plaintiffs are special purpose entities that invested in...more

False Claims Act Focus - July 2013

EDITOR’S NOTE - The second quarter of 2013 has, not surprisingly, seen a continuation of significant enforcement action under the False Claims Act (“FCA”) across various industries, including the financial services...more

Brief in “SolarCity” Cash Grant Litigation Provides Insight into Strategy

Covington & Burling’s reply brief to the government’s brief in support of its motion to dismiss provides insight into SolarCity’s strategy. The complaint appears to be as much about providing SolarCity with leverage in...more

False Claims Act Focus - April 2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

TORAY PLASTICS (AMERICA), INC. and POLYTOP CORPORATION v. PUBLIC UTILITIES COMMISSION

AMICUS BRIEF OF OCEAN STATE POLICY RESEARCH INSTITUTE

This is an Amicus Brief filed by Fabisch Law on behalf of the Ocean State Policy Research Institute urging the Rhode Island Supreme Court to remand the Deepwater Wind decision to the Public Utilities Commission and to...more

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