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Subject Matter Jurisdiction Energy Sector

Bowditch & Dewey

Massachusetts Energy Facilities Siting Board Lacks Jurisdiction Over Battery Energy Storage Systems

Bowditch & Dewey on

On May 11, 2023, the Massachusetts Energy Facilities Siting Board (“EFSB”) dismissed the Petition of Medway Grid, LLC to construct a 250-megawatt, 500-megawatt hour battery energy storage system (“BESS”) in Medway,...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Holland & Knight LLP on

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Kelley Drye & Warren LLP

The Scope of Appellate Review of Remand Orders—Implications for Climate Change Litigation and Beyond

Energy companies caught in the crosshairs of public nuisance lawsuits filed by cities and counties are asking the U.S. Ninth Court of Appeals to stay a federal district court’s order allowing two California cities’ lawsuits...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

Robinson+Cole RLUIPA Defense

Nuns Lose Interstate Natural Gas Pipeline Challenge

The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more

Carlton Fields

Federal Court Remands Albanian Power Company’s Suit

Carlton Fields on

In March, a New York federal court remanded an Albanian power company’s suit seeking enforcement of an Albanian court’s judgment. In Albaniabeg Ambient Sh.p.k. v. Enel S.P.A., the federal court reasoned that, although the...more

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