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Energy & Utilities Civil Procedure

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

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

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

by Downey Brand LLP on

On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...more

US: Supreme Court hears argument on constitutionality of inter partes review

by Hogan Lovells on

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and...more

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's...

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. ...more

Significant Nexus Lives! (For Now, In the 9th Circuit)

On November 27, 2017, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who: “discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract...more

Centuries of Precedent are Little Help as IPR Constitutionality Divides Justices

by Robins Kaplan LLP on

This morning the Supreme Court heard arguments in the heavily anticipated case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on the question of whether AIA trials at the patent office, such as inter partes...more

Supreme Court Justices’ Questions in Oil States Suggest Inter Partes Review Will Be Upheld as Constitutional

by Winthrop & Weinstine, P.A. on

On Monday, November 27, 2017, the U.S. Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. The case presents a direct challenge to the U.S. Patent and Trademark Office’s...more

Oil States Energy Services v. Greene’s Energy Group: Supreme Court to Decide if Patents are Private or Public Rights

by Nutter McClennen & Fish LLP on

Rory P. Pheiffer, a partner in Nutter’s Intellectual Property Department and a member of both the Emerging Companies and Life Sciences and Medical Devices practice groups, addressed the Supreme Court Case Oil States Energy...more

Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith,...more

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...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

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

by Liskow & Lewis on

In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial...more

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Courts Stay Pipeline Construction

In the past week, the D.C. Circuit and Second Circuit have stayed pipeline construction on the Atlantic Sunrise and Valley Lateral Projects, respectively, following challenges to FERC orders allowing the projects to proceed. ...more

Supreme Court of Canada Grants Leave to Challenge Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

On November 9, 2017, the Supreme Court of Canada (SCC) granted the leave application (Leave Application) filed by the Alberta Energy Regulator (AER) and the Orphan Well Association (OWA) in Orphan Well Association, et al v....more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Mississippi Federal Court Denies Preliminary Injunction for Failure to Show Threat of Irreparable Harm

by Beveridge & Diamond PC on

In a case demonstrating limits to injunctive relief, in the environmental context a Mississippi federal court denied a request for a temporary restraining order because the plaintiff did not show he would suffer irreparable...more

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

by Bennett Jones LLP on

On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...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

FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal...

by Nutter McClennen & Fish LLP on

Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions...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

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