News & Analysis as of

Constitutional Law Energy & Utilities

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Natural Gas Infrastructure Opponents Appeal Loss in Their Campaign to Invalidate Federal Energy Regulatory Commission's Processes

Despite a series of lopsided losses, natural gas infrastructure opponents continue to probe the Federal Energy Regulatory Commission (FERC) and its infrastructure approval processes for systemic weaknesses. At the end of...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Government forced to shelve nuclear deal after court ruling - Government will have to shelve processes already underway to procure 9.6 GW of nuclear energy....more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Conflict Minerals Update – SEC Releases Guidance Following District Court Decision

by White & Case LLP on

On April 3, 2017, the US District Court for the District of Columbia (the "Court") entered a final judgment in National Association of Manufacturers, et al. v. Securities and Exchange Commission,1 ruling that Section 1502 of...more

SEC Will Not Enforce Part of the Conflict Minerals Disclosure Rule

by Bracewell LLP on

On Friday, April 7, 2017, the acting Chief of the Securities and Exchange Commission (the “Commission”) Michael Piwowar released a statement that the Commission will not recommend enforcement of certain parts of its Conflict...more

California Court of Appeals Upholds California’s Cap-and-Trade Program

by Stoel Rives LLP on

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

California Court of Appeals Upholds Cap-and-Trade Auctions

by Latham & Watkins LLP on

Yesterday, the Court of Appeals for California’s Third Appellate District issued its decision in California Chamber of Commerce, et al., vs. State Air Resources Board, et al., upholding the district court’s decision and...more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

by Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

by Nossaman LLP on

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Rover Files Pipeline Condemnation in Federal Court

by Clark Hill PLC on

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

Italian Constitutional Court Publishes Grounds of its Decision on the Constitutional Legitimacy of the “Spalma-Incentivi” Decree

by Latham & Watkins LLP on

On December 7, 2016, the Italian Constitutional Court (the “Constitutional Court”) rejected on appeal the claim that the new state incentives scheme, pursuant to the Italian Law Decree no. 91, dated June 24, 2014, (the...more

What’s Next Under the Congressional Review Act?

As we reported, the House and Senate have passed a joint resolution under the Congressional Review Act disapproving the SEC Resource Extraction Rule and that President Trump was expected to sign the legislation that...more

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

by Nossaman LLP on

A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of...more

Oregon Federal Court Issues Remarkable Decision Finding Constitutional Right to Stable Climate

by Liskow & Lewis on

On November 10, 2016, a federal district judge in Oregon issued a remarkable decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right. Juliana v. United States...more

Italian Constitutional Court Backs Feed-in Tariff Cuts – What's Next?

by McDermott Will & Emery on

On 24 January 2017, the Italian Constitutional Court published decision no. 16/2017 confirming the constitutional legitimacy of the so-called spalma incentivi law, which reduced the feed-in tariffs for photovoltaic plants...more

California Cap-and-Trade Lawsuit Hits Milestone with Oral Argument at the Court of Appeal

by Stoel Rives LLP on

Yesterday, California’s Third District Court of Appeal heard oral argument in the related cases California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board. ...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

by Clark Hill PLC on

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

by Jackson Walker on

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?

by Moore & Van Allen PLLC on

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring...more

430 Results
|
View per page
Page: of 18
Cybersecurity

Follow Constitutional Law Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!