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DISPUTE RESOLUTION - Oil & Gas Litigation - Heightened Scrutiny of Pipeline Companies' Common Carrier Status Perhaps a New Reality

Two recently-decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. ...more

Pipeline Loses Effort To Condemn Private Land

Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more

Neutrals create streamlined process for resolving natural disaster cases

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

DISPUTE RESOLUTION: Climate Change Litigation: Ninth Circuit Rejects Plaintiffs’ Claims for Damages for Alleged Climate...

In Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. Sep. 21, 2012), a panel of the Ninth Circuit unanimously affirmed the dismissal of an action brought by plaintiffs who sought $400 million in damages...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 14, 2012

On September 14, 2012, the Virginia Supreme Court issued no opinions affecting the practice of Virginia local government law. Actually, that is not true. While no opinions involved cases with local government parties,...more

Another Nail in the Public Nuisance Litigation Coffin: The 9th Circuit Affirms Dismissal of the Kivalina Claims

On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more

Is Production Required to Maintain Flat-Rate Royalty Oil and Gas Leases in Pennsylvania? It Depends...

In Heasley v. KSM Energy, Inc. the Pennsylvania Superior Court recently affirmed a trial court’s decision reiterating the distinction between those flat-rate royalty oil and gas leases which are dependent on production of oil...more

FHFA Proposes Rule for PACE Programs

On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more

Real Estate News Alert- Volume 19, Number 3 - January 2009

Can bad cases ever make good law? Maybe in the case of homeowners Richard Treanor and Carolynn Bissett who were criminally prosecuted under the Solar Shade Control Act (“SSCA”) because their pre-existing trees cast shadows...more

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