News & Analysis as of

Energy Sector Nuisance

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

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

Wind Energy/Wind Turbines: United States District Court Addresses Nuisance Claim

A United States District Court (W.D. New York) (“Court”) addressed in a July 14th decision and order (“Order”) an issue arising out of the operation of wind turbines. See Andre, et al. v. Invenergy LLC, 2022 WL 2759249. ...more

Maynard Nexsen

City of Charleston, State of Connecticut Among Latest to File Climate Suits

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On September 9th, the City of Charleston filed a complaint against a number of oil companies in state court alleging nuisance, trespass, and unfair trade practices related to the companies’ marketing of petroleum products....more

Eversheds Sutherland (US) LLP

Another climate change lawsuit remanded to state court

The Tenth Circuit has recently joined its sister circuits, the Fourth Circuit and Ninth Circuit, in finding that federal courts do not have subject-matter jurisdiction over state-law nuisance claims. A Colorado climate-change...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2019 #2

WV Supreme Court Mulls Marcellus Shale Mass Litigation Case from Harrison, WV - "While the case centers on Harrison County, where the surface owners live and the Marcellus Shale operations are underway, the case could have...more

Holland & Hart LLP

NYC Climate Change Suit Defeated

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Another day, another loss for governments suing oil and gas producers based on the effects of climate change. Yesterday, the Southern District of New York dismissed a nuisance action filed by New York City against five of...more

Holland & Hart LLP

Climate Change Suit Defeated

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Yesterday, a California federal court dismissed Oakland’s climate change lawsuit against five of the world’s largest oil and gas producers, holding that Oakland failed to state an actionable claim for public nuisance. The...more

Holland & Hart LLP

Colorado Energy Companies Sued for Climate Change Impacts

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Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel...more

Gray Reed

Limitations Runs on Nuisance Claims

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When must a neighbor sue for nuisance and trespass or else be barred by limitations? It’s a tricky question. In Town of Dish et al v. Atmos Energy et al, the Texas Supreme Court concluded that the claims were time-barred. The...more

Gray Reed

Award for Nuisance From Gas Wells Squelched

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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

Baker Donelson

Texas Supreme Court Denial of Review Could Impact / Dissuade Health-Based Tort Claims Involving Neighboring Oil and Gas Activities

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On December 2, 2016, the Texas Supreme Court denied review in Cerny v. Marathon Oil Corp., leaving in place the decision of the Fourth Court of Appeals, affirming summary judgment for the defendants and finding that the...more

McGuireWoods LLP

Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit

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A recent decision in the U.S. District Court for the Western District of Oklahoma, Terra Walker et al. v. Kingfisher Wind, LLC, No. 5:14-cv-914-D, Doc. 160 (W.D. Okla. Oct. 13, 2016), could sound a death knell for nuisance...more

Gray Reed

Texas Supreme Court Clarifies Nuisance Law

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Gardiner v. Crosstex North Texas Pipeline LLC, has brought clarity to Texas nuisance law. It took the Texas Supreme Court 54 pages; we have it in under 600 words. ...more

Gray Reed

Compressor Station Negligent Nuisance Verdict Reversed

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Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

Baker Donelson

Nuisance Claims Becoming More Than a Mere Nuisance in Texas

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Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large...more

King & Spalding

Nuisance Verdicts in the Barnett Shale: Two claims arising out of the same natural gas operations yield two very different...

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On April 10, 2014, a Fort Worth jury rejected a landowner's nuisance claim against a well operator in Teri Anglim v. Chesapeake Operating Inc., 2011-008256-1. Plaintiff Teri Anglim claimed that Chesapeake's operations at two...more

Gray Reed

The Fracing Verdict – What Didn’t Get To The Jury?

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As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury. ...more

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