News & Analysis as of

Energy Sector Appeals

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Williams Mullen

[Webinar] Renewable Energy Series: 2024 Virginia Energy Legislative Update - April 3rd, 11:00 am - 11:30 am EDT

Williams Mullen on

This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more

Steptoe & Johnson PLLC

District Court Dismisses Challenge to West Virginia Unitization Act

Steptoe & Johnson PLLC on

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Bradley Arant Boult Cummings LLP

NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public...more

Steptoe & Johnson PLLC

Sonda Decision: The Fourth Circuit Sends Motion to Dismiss Challenge to West Virginia Pooling Act Back to Federal Court

On January 31, 2024, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) reversed and remanded the opinion of the U. S. District Court for the Northern District of West Virginia (the District Court), holding...more

Foley Hoag LLP - Environmental Law

The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections

Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

McDermott Will & Emery

Bulletin Concurrence VIII - Paris │ AVRIL ● MAI ● JUIN 2023

McDermott Will & Emery on

1. CONTENTIEUX - PUBLICITÉ EN LIGNE : MESURES CONSERVATOIRES IMPOSÉES À META - Par une décision du 4 mai 2023, l’Autorité de la concurrence (ci-après l’ « Autorité ») a prononcé des mesures conservatoires à l’encontre...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Foley Hoag LLP - Energy & Climate Counsel

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

DarrowEverett LLP on

Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Bracewell LLP

Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights

Bracewell LLP on

Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal...more

Troutman Pepper

U.S. Court of Appeals for the 9th Circuit Affirms Lower Court’s Dismissal of Tribe’s Case Against City of Seattle

Troutman Pepper on

On December 30, 2022, the U.S. Court of Appeals for the 9th Circuit (“9th Circuit”) affirmed a lower court’s denial of the Sauk-Suiattle Indian Tribe’s (“Tribe”) motion to remand to state court and its dismissal of the...more

Eversheds Sutherland (US) LLP

Fifth Circuit requires Chapter 15 debtor to litigate in Texas state court

It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more

Bracewell LLP

Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm...

Bracewell LLP on

In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability IP Updates — December 2022

In U.S. technology news, Heliogen, Inc., a renewable energy technology company, recently announced its selection to receive a $4,100,000 award from the U. S. Department of Energy’s “Solar Energy Technologies Office” to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Mine Methane/Doctrine of Correlative Rights: Federal Appellate Court Addresses Whether a Vacuum Pump Can Be Utilized for...

The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in an August 11th Opinion a question regarding the extraction of coal mine methane. See Finite Resources, Ltd., et al. v. DTE Methane...more

Steptoe & Johnson PLLC

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Pillsbury Winthrop Shaw Pittman LLP

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Distributed Generation Policy/Net Metering: Florida Appellate Court Addresses Whether Organization Has Standing to Challenge

A District Court of Appeal of Florida (First District) (“Appellate Court”) addressed in a September 9th Opinion an issue arising out of an organization’s challenge of a utility’s Distributed Generation Policy (“DGP”). See...more

Butler Snow LLP

Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd | Texas Appellate Law Podcast

Butler Snow LLP on

For more than a century, oil and gas has remained the backbone of Texas’s economic growth. Despite repeated rumors that oil and gas is on the way out as an energy source, the industry continues to adapt and grow to meet new...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Power Purchase Agreements/Wind Farms: Federal Appellate Court Addresses Default/Termination

The United States Eighth Circuit Court of Appeals (“Eighth Circuit”) addressed in an August 24th Opinion a dispute involving electric power purchase agreements (“PPAs”). See Laredo Ridge Wind, LLC, et al. v. Nebraska Public...more

137 Results
 / 
View per page
Page: of 6

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide