Energy & Utilities Law › Zoning, Planning & Land Use › Civil Remedies

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

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

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

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

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

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

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

"Pattern and Practice" Lawsuit Challenges State’s CEQA Compliance in Permitting Fracking

The oil and gas industry’s increased use of hydraulic fracturing or “fracking” continues to gain attention in California....more

State Supreme Court Overrules Local Fracking Ordinance

State Supreme Court Justice Ferris D. Lebous recently overturned a local ordinance adopted by the Binghamton City Council in 2011 to ban activities associated with gas drilling and exploration for a period of two years....more

W.Va. Supreme Court Affirms Award of Attorneys’ Fees and Expenses Against WVDEP In Surface Mine Board Appeals

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy...more

DISPUTE RESOLUTION: Implications for Pipeline Construction after Denbury

On March 2, 2012, the Texas Supreme Court issued a new opinion[1] that has reinforced and modified its landmark 2011 Denbury decision, which has particularly significant implications for the pipeline industry in Texas. At...more

Update on Pa. Municipality Act 13 Lawsuit

As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more

Bans Upheld In Lower Court

Within a week of each other, two lower courts in New York upheld municipal bans on hydraulic fracturing and gas drilling in the Towns of Dryden and Middlefield. These two cases are being closely watched for their precedent...more

Wondering About the Status of EPA's CCR Rule? So Are 11 Environmental Groups

I have had a number of clients ask me recently about the status of EPA’s efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question....more

Polish Law Review - March 2012

In This Issue: - Increasing Fines Imposed By Uokik For Practices Infringing The Consumers’ Interest - Changes In Poland’s Energy Law - New Geological And Mining Law - Amendments In The Polish Labor Code As Of...more

New York Supreme Court Upholds Towns’ Fracking Bans

In two separate decisions issued last week, the Supreme Court of the State of New York (the state's trial level court) upheld the Town of Dryden's ban on hydraulic fracturing (or fracking) in Tompkins County, and...more

Superior Court Strikes Down Numeric Effluent Limits in California's Construction General Permit

On December 2, 2011, the Sacramento Superior Court invalidated the numeric limits on turbidity and pH in California's Construction General Permit (CGP) because the limits were not supported by substantial evidence. The State...more

Land-Use Planning and Natural Resource Rights - The Alberta Land Stewardship Act

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and...more

New Mexico Supreme Court Hears Oral Argument on Domestic Wells

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells. The cases essentially challenge the Constitutionality of several state statutes...more

The Consolidated Delta Smelt Cases

Findings Of Fact And Conclusions Of Law Re Plaintiffs' Request For Injunctive Relief Against Implementation Of RPA Component 3...

Federal Judge Orders U.S. Fish and Wildlife to take a “hard look” at its proposed water delivery reductions A federal district judge in the Eastern District of California has ordered the U.S. Fish and Wildlife Service...more

Stream Conductivity: It's Not Just a Mining Issue

Coal mining, and related industries that consume coal, have attracted quite a bit of attention from the federal government as of late. Most of that attention has focused on how to further, or "better," regulate the industry....more