News & Analysis as of

Oil & Gas Due Process

Oliva Gibbs LLP

(Injection Well) Pressure Mounts as Omni Energy Group, LLC, Gets Another Chance

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As oil and natural gas are produced, brine and other wastewater are brought to the surface.  This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Robins Kaplan LLP

Financial Daily Dose 9.22.2020 | Top Story: Microsoft Drops $7.5B on Gaming Acquisition to Challenge Rival Sony

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Microsoft made a huge gaming move on Monday with its $7.5 billion acquisition of ZeniMax Media, the “parent company of gaming studios like Bethesda,” and maker of titles like “The Elder Scrolls, Fallout, Doom, Quake and...more

Bennett Jones LLP

Climate Change Class Action Dismissed as Non-Justiciable

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After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more

Jones Day

Ninth Circuit Dismisses Major Climate Change Lawsuit Against the Federal Government - Court rejects request for extraordinary...

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The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

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On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

The Volkov Law Group

OFAC Loses Exxon Sanctions Enforcement Case

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In an interesting end of year decision, issued on December 31, 2019, a District Court in Dallas issued a rejected OFAC’s enforcement action against Exxon Corporation imposing a $2 million penalty for violation of the Russia...more

Gray Reed

Cyberspace Saves an Out-of-State Oil Company

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Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

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

U.S. Forest Service Regulations: Federal Appellate Court Addresses Individual's Challenge to Conviction for Activities On National...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed an individual’s appeal of his conviction for allegedly violating United States Forest Service (“Forest Service”) regulations that: . . . prohibit...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Holland & Knight LLP

ExxonMobil Fined $2 Million for Ukraine/Russia Sanctions Violations

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On July 20, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a $2 million civil monetary penalty against Exxon Mobil Corp., including its U.S. subsidiaries ExxonMobil Development...more

Gray Reed

Have You Reviewed Your Lease Maintenance Processes Lately?

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You might conclude that the but-for-the-grace-of-God-that-could-be-me nightmare presented in In re: RPH Capital Partners is instructive only for lawyers. If so, you would be mistaken. The lesson: If you want to win the...more

Mintz - Intellectual Property Viewpoints

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,...more

FordHarrison

Invocation of "The Rule" During Trade Secret Injunction Hearings

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The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets...more

Seyfarth Shaw LLP

Oil-And-Gas Services Companies Argue Over Trial Court’s Authority to Exclude Corporate Representatives Under New Texas Trade...

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On January 13, before the Texas Supreme Court, two major oil-and-gas-services companies disputed whether Texas’s new trade secret laws require a trial court to exclude a party’s corporate representative from a hearing at...more

BakerHostetler

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

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On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Foley Hoag LLP - Environmental Law

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

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