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Civil Remedies Energy & Utilities

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Court of Appeal Upholds Limit On "Pay First, Dispute Later" Principle

by Bennett Jones LLP on

In a recent decision in Talisman Energy Inc v Questerre Energy Corporation, 2017 ABCA 218 [Talisman], the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to...more

Enforcing awards against states – is it becoming more difficult?

by Hogan Lovells on

Enforcing awards against states – is it becoming more difficult? Energy companies frequently face disputes against states. If successful in such disputes, claimants have to enforce the award or judgment against the state's...more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

In A Usurpation Of Corporate Opportunity Case, The Texas Supreme Court Reversed A Constructive Trust Due To A Failure To Trace The...

by Winstead PC on

In Longview Energy Co. v. The Huff Energy Fund, LP, Longview Energy Company sued two of its directors and their affiliates after discovering one affiliate purchased mineral leases in an area where Longview had been...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

Oil Field Contamination Award Upheld

by Gray Reed & McGraw on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

Boletín Mensual de Comercio Internacional: Abril - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Durante el mes de abril destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Competencia Económica, Arbitraje...more

ICSID Committee Annuls Nearly 90% of Award Against Venezuela

An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela...more

In Affirming Dismissal Of Shareholder Suit, The Fifth Circuit Confirms The Bar For Adequately Pleading Scienter

by Shearman & Sterling LLP on

On April 21, 2017, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a shareholder class action lawsuit against certain officers and directors of ATP Oil & Gas Corporation (“ATP”). Neiman et...more

Collateral Attack on Final Judgment Disallowed

by Strasburger & Price, LLP on

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground...more

Toward Disclosure of Third-Party Litigation Funding in Class Actions

In January 2012, a natural gas-drilling rig exploded off the coast of Nigeria and burned for more than 40 days. Two years later, six Nigerians filed suit in the U.S. District Court for the Northern District of California...more

Recent Pro-Cooperative Decisions in Class Action Patronage Capital Cases

Cooperatives facing patronage capital lawsuits have recently enjoyed a series of favorable court opinions. Over the past few months, the Eleventh Circuit and state and federal courts in Florida have all dismissed claims for...more

Award for Nuisance From Gas Wells Squelched

by Gray Reed & McGraw on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent

In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas...more

Key Decision on Corporate Separateness – English High Court Decides Not to “impose liability in an indeterminate amount, for an...

by Latham & Watkins LLP on

In a highly anticipated judgment, the English High Court has ruled that Royal Dutch Shell (RDS), a holding company that is the ultimate parent of the Shell Group, does not owe a duty of care to residents of the Niger Delta in...more

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

by McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

by Stoel Rives LLP on

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

by Thompson Coburn LLP on

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future....more

NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

by Cozen O'Connor on

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC...more

Ninth Circuit Expands the Octane Fitness Attorneys’ Fee Standard to the Lanham Act

by Perkins Coie on

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover...more

Act Now To Preserve Your Section 1603 Grant

by McDermott Will & Emery on

In Depth - We recently reported that on October 31, 2016, the US Court of Federal Claims issued its opinion in Alta Wind I Owner v. United States, in which the court determined that the value of the property eligible for...more

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