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International Trade Civil Procedure Environmental

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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

D.C. Circuit Denies Sierra Club’s Petition Challenging DOE’s Orders Authorizing Exports for the Freeport LNG Terminal

by Hogan Lovells on

On August 15, 2017, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Sierra Club’s petition challenging the United States Department of Energy’s (“DOE”) decision to authorize the...more

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

by Jones Day on

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

VW's $4.3BN Plea to Obstruction for Botched Litigation Hold

by Burr & Forman on

One of three counts in Volkswagen’s recent $4.3 billion guilty-plea was for obstruction of justice arising from a litigation-hold botched by house counsel. As VW prepared to admit the defeat-device problems to US...more

California Federal Court Holds that U.S. Securities Laws Apply to Sponsored, Unlisted ADRs

The U.S. District Court for the Northern District of California held on January 4, 2017 that the federal securities laws apply to U.S. transactions in sponsored, but unlisted, American Depositary Receipts (“ADRs”) for a...more

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

by Shearman & Sterling LLP on

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

by Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

“Citizen Suits” Under China’s Revised Environmental Protection Law: A Watershed Moment In Chinese Environmental Litigation?

by Beveridge & Diamond PC on

A little over a year ago, on January 1, 2015, China’s amended Environmental Protection Law (“EPL”) went into effect, representing a significant aspect of China’s concerted effort to place greater emphasis on environmental...more

The Effect of Challenges to the US Clean Power Plan on the Paris Climate Agreement

by White & Case LLP on

Ongoing legal challenges to the US Clean Power Plan (CPP) have led some to question whether the United States can meet its greenhouse gas (GHG) emissions reduction targets pledged pursuant to the recent United Nations...more

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

by Miles & Stockbridge P.C. on

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

ClientEarth loses court challenge and is denied access to documents on EU environment policy

by White & Case LLP on

The EU General Court recently issued a judgment finding that the Commission was justified in refusing to grant ClientEarth access to documents. The importance of this case is that it again shows there are clear limits to the...more

TransCanada Challenges Denial of Permit for Keystone XL Pipeline

by King & Spalding on

As previously reported in the Trade & Manufacturing Alert, on November 6, 2015, President Obama officially rejected TransCanada’s application to build the Keystone XL Pipeline. As proposed, the pipeline would have transported...more

The Paris Agreement and Business Interruption Coverage

by Zelle LLP on

“In this world, nothing can be said to be certain, except death and taxes." — Benjamin Franklin On Dec. 12, 2015, in LeBourget, France, world leaders announced an agreement on a climate change accord which they touted as...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

China’s Top Court Clarifies Environmental Tort Liability Standards

by Beveridge & Diamond PC on

On June 1, 2015, China’s Supreme People’s Court (“SPC”) issued an interpretation, The SPC Interpretation on Several Questions Concerning Applicable Law in the Adjudication of Environmental Tort Liability Dispute Cases...more

Braving the Headwinds Hitting U.S. Wind Energy

by Blank Rome LLP on

The development of offshore wind projects in the U.S. has been a story of high hopes and many setbacks. Thus far, 2015 has perpetuated the same storyline, with major setbacks plaguing one of the major U.S. offshore wind...more

NBB Petitions EPA For Reconsideration And Stay Of CARBIO Approval

On March 30, 2015, the National Biodiesel Board (NBB) submitted a petition to EPA seeking reconsideration and a request for stay of EPA's approval of the Argentinian Camara Argentina de Biocombustibles (CARBIO) Alternative...more

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

by Beveridge & Diamond PC on

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

International Organisations: Immunity From Suit And Legal Process

by Allen & Overy LLP on

An international organisation is not a State, and is only afforded immunity to the extent granted by statute. It is relatively uncommon for international organisations to come before the English courts, though economically...more

Energy Newsletter - December 2014

by King & Spalding on

In This Issue: - Plans to build the first coal gasification plant in Britain - Letters of credit, on-demand bonds, and the "fraud exception" - Argentina amends its hydrocarbons law to boost exploration...more

European Companies Appeal ECHA Titanium Dioxide Decision

by Bergeson & Campbell, P.C. on

The European Chemicals Agency (ECHA) published on November 3, 2014, an announcement of appeal of a June 17, 2014, contested decision following a compliance check of the Registration, Evaluation, Authorization and Restriction...more

Third Circuit Affirms Dismissal of Toxic Tort Claims Based on Unreliable Experts

by Beveridge & Diamond PC on

Underscoring the importance of reliable expert methodology, the U.S. Court of Appeals for the Third Circuit upheld the dismissal of a personal injury suit based on unreliable expert testimony. See Henry v. St Croix Alumina,...more

U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

by K&L Gates LLP on

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

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