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Energy Sector › Takings Clause

Ackerman & Ackerman, P.C.

The Fundamentals of Easement Valuation

Ackerman & Ackerman, P.C. on

* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar...more

Miller Starr Regalia

CEQA Does Not Apply To Investor-Owned Public Utility’s Exercise Of Power Of Eminent Domain To Acquire Electric Facilities...

Miller Starr Regalia on

In a published opinion filed March 2, 2023, the Fifth District Court of Appeal held that where no governmental approvals were required, an investor-owned public utility was not required to comply with CEQA prior to exercising...more

Womble Bond Dickinson

The Utility Planning and Investment Cycle

Womble Bond Dickinson on

The utility planning and investment cycle begins with planning to comply with Federal reliability standards, proceeds through Integrated Resource Planning reviews at the Commission level, then results in Siting Act...more

Bricker Graydon LLP

Ohio Supreme Court denies writ of mandamus in dispute involving ODNR

Bricker Graydon LLP on

The Supreme Court of Ohio on January 30, 2018 issued an opinion in State ex rel. Kerns v. Simmers, Slip Opinion No. 2018-Ohio-256, denying a writ of mandamus seeking to compel the Chief of the Ohio Department of Natural...more

Stinson LLP

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

Stinson LLP on

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

King & Spalding

Is The “Good Cause” Standard Inadequate to Protect Your Company’s Trade Secrets in Discovery Disputes?

King & Spalding on

As owners of trade secrets know, once a trade secret is disclosed, especially to a competitor, the value of this property right is destroyed and the competitive advantage it affords the owner is lost. Lawyers who sue energy...more

Latham & Watkins LLP

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

Latham & Watkins LLP on

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Locke Lord LLP

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

Locke Lord LLP on

On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

BakerHostetler

New York Landowners Threaten State with Takings Claims over Drilling Moratorium

BakerHostetler on

In a draft complaint circulated to its members this week, the Joint Landowners Coalition of New York—a group of pro-drilling landowners—laid out several claims against state agencies and Governor Andrew Cuomo as a result of...more

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