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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. The two federal district court judges handling the eight cases reached different conclusions on Plaintiffs’ remand motions. BP PLC et al.

Casing 52
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Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

The Energy Law

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. Property owners in these areas, as well as the St.

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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

The pandemic poses a serious public health risk, and government response has included closure of schools and businesses, declarations of emergency, and issuance of a variety of “stay home” orders—typically instructing all but “essential personnel” to remain in their residences other than to gather necessaries. 36, 41 (2005).

E&A 52