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Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough

The Energy Law

The court found that an English law cause of action for general indemnity is not complete until there has been payment to a third party. Because Bunge’s cause of action was not complete, it could not be adjudicated yet. Grand China Shipping Dev. 3d 488, 495 (2d Cir.

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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law

The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit (“VGP”) that commercial vessels are currently required to follow. The VGP requires Lakers built after January 1, 2009, or “New Lakers,” to meet its numeric ballast water discharge standard.

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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

On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. 251, 258 (2013) (citing Grable & Sons Metal Products, Inc. Minton , 568 U.S. Darue Engineering & Manufacturing, 545 U.S. 308, 314 (2005)).

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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

The second prelude to the recent Pennsylvania decision was a 2013 Federal District Court for the Northern District of West Virginia ruling in Stone v. 5:12–CV–102, 2013 WL 2097397 (N.D. Chesapeake Appalachia, L.L.C. [4] Southwestern Energy Production Company, 2020 WL 355911 (Pa. 2] Coastal Oil & Gas Corp. 3d 1, 4 (Tx.

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Ethical Obligations in Technology Assisted Review

The Energy Law

When the review team gets to the point when the results are no longer relevant, the review has been completed. Grossman and Gordon V. Cormack, “The Grossman-Cormack Glossary of Technology Assisted Review,” 7 Fed. If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results.

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Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a Conditional Allowable Prior to Unitization

The Energy Law

3] The well, which was to produce from a reservoir and zone under the property of multiple landowners, was completed on April 27, 2012 and began production on May 18, 2012. [4] Anglo-Dutch Energy, L.L.C. , 1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009. [2]

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UCC8, UCC9, and The Hague Convention

The Energy Law

1] The complete title of the Hague Convention is “36. A 2013 draft of the PEB commentary is available at [link]. Opinion givers may be concerned that the laws of their respective jurisdictions that may have governed control prior to April 1 will no longer be the applicable laws. [5] 3] Explanatory Report at 60. [4]