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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

F]ederal maritime law governs whether a claim sounds in admiralty and that the relevant substantive law governs whether a plaintiff has alleged a valid prima facie claim,” citing Blue Whale Corp. 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.

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New Texas Legislation Authorizes TCEQ to Permit Greenhouse Gas Emissions

The Energy Law

By Jillian Marullo House Bill 788, signed into law on June 14, 2013, authorizes the Texas Commission on Environmental Quality (“TCEQ”) to regulate emissions of carbon dioxide and five other greenhouse gases (“GHG”) “[t]o the extent that greenhouse gas emissions require authorization under federal law.” In July 2013, the D.C.

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Environmental Groups File Suit to Compel EPA to Review and Revise Oil and Gas Waste Regulations

The Energy Law

Environmental Protection Agency (EPA), seeking to compel EPA to “fulfill long-delayed nondiscretionary duties” under the Resource Conservation and Recovery Act (RCRA) by issuing revised regulations governing oil and gas wastes. See Appalachian Voices v. McCarthy , 989 F. 2d 30, 53-56 (D.

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UCC8, UCC9, and The Hague Convention

The Energy Law

Lenders who take security interests in securities accounts are familiar with the rules of Articles 8 and 9 of the Uniform Commercial Code that identify the governing jurisdiction for these transactions. state’s law governs perfection and priority of securities that are held in a securities account.

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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. 1331 because the cities’ claims were “necessarily governed by federal common law.” BP PLC et al., Minton , 568 U.S. 308, 314 (2005)).

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EPA and BSEE Team Up to Resolve Offshore Environmental Violations

The Energy Law

According to the complaint (PDF) DOJ filed in February 2013, Cleartron ZB-103 was routinely “injected into the outfall pipe to mask oil sheen on the ocean surface resulting from ATP’s discharge of wastewater containing quantities of oil in excess of its NPDES permit limit.” See United States v. ATP Oil & Gas Corp. , 955 F.Supp.2d

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The Good Neighbor Provision on Steroids: Third Circuit Ruling Resurrects Clean Air Act Section 126(b)

The Energy Law

July 12, 2013) (pdf). GenOn REMA, LLC (“GenOn”), the owner and operator of Portland, petitioned for review of EPA’s action, challenging the agency’s authority to impose direct regulations on Portland before the time that Pennsylvania is required to complete its Section 110 State Implementation Plan (“SIP”) for the 1-hour sulfur dioxide NAAQS.

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