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Energy & Utilities Civil Procedure General Business

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Ohio Supreme Court refuses to recognize an implied covenant to explore further

by Bricker & Eckler LLP on

On January 3, 2018, the Supreme Court of Ohio issued an opinion in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

(Plaintiffs Claiming) Trespass Beware

by Liskow & Lewis on

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made...more

Economic Loss Rule Precludes Negligence Claims in the Southern California Gas Leak Litigation

by Locke Lord LLP on

On December 15, 2017, a California appellate court held in Southern California Gas Co. v. Superior Court, No. B283606, 2017 WL 6398546 (Cal. Ct. App. Dec. 15, 2017), that Southern California Gas Company (“SoCalGas”) did not...more

Opinions to Expect From the Texas Supreme Court

by Gray Reed & McGraw on

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

Whiskey Aging Emissions: Supreme Court of Kentucky Addresses Whether Clean Air Act Preempts Common Law Claims

The Supreme Court of Kentucky addressed whether common law claims filed related to air emissions were preempted by the Clean Air Act. See Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. Miller, 2017. The...more

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

by Holland & Knight LLP on

• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

Court rules in favor of Eclipse in oil and gas lease case

by Bricker & Eckler LLP on

On November 30, 2017, the U.S. Court of Appeals, Sixth Circuit issued an opinion in Eclipse Resources - Ohio, LLC v. Madzia, affirming the lower court’s grant of summary judgment to Eclipse Resources in all respects. ...more

Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

Tax Credits/Solar Energy: Arizona Appellate Decision Describing Purchasers' Breach of Contract Action

An October 16th Arizona Court of Appeals decision describes a breach of contract action in a lower court involving the purchase of a residential solar energy system. See Lakosky v. The Solar Store, LLC, 2017 WL 4614724....more

Oil, Gas and the Electronic Transactions Act

by Gray Reed & McGraw on

In the spirit of Halloween, Le Norman Operating v. Chalker Energy Partners III is about a scary statute: The Texas Uniform Electronic Transactions Act, the UETA....more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

by Holland & Knight LLP on

A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

Case Note on MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59

by King & Spalding on

On 3 August 2017, the Supreme Court of England and Wales handed down its decision in the case of MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59, finding in favour of the...more

Did You Know You’re an Escrow Agent?

by Locke Lord LLP on

Many purchase/sale transactions require payments into escrow. Sometimes counsel for one of the parties acts as escrow agent to keep the fees down. Providing such a service has its risks. In Alexander O&G, LLC v. Nomad...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Does Texas Have a New “Rule” in Conveyancing?

by Gray Reed & McGraw on

Subject-to, reservations-from, and exceptions-to problems have been lurking in the shadows of Texas jurisprudence for a while now, and the courts have been all over the map in recent holdings....more

The UK Shorter Trials Scheme: Tried & Tested - Energy case under new trial regime, intended to trim time and costs, gets Court of...

by King & Spalding on

The Shorter Trials Scheme—a time-sensitive case management process for quicker and less costly access to justice—was introduced in September 2015 for cases in the commercial, technology and construction courts, the chancery...more

Vitol SA v Beta Renowable SA

by Reed Smith on

The High Court has handed down Judgment in Vitol SA v Beta Renowable SA [2017] EWHC 1734 (Comm) highlighting the importance of ensuring that communication and conduct for the purpose of accepting repudiatory breach is clear...more

Energy Newsletter - August 2017

by King & Spalding on

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the...more

Insurance Coverage for Global Warming Liability – An Increasingly Hot Topic

by Reed Smith on

Three recent California lawsuits against some of the country’s largest energy companies represent the latest effort by civil litigants to obtain legal relief for damages allegedly sustained because of climate change. Although...more

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