The Energy Law

JULY 1, 2021

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. If (and only if) an express contractual provision allows greater remediation than government standards, a jury may consider and award such “excess remediation” damages.

E&A 105

E&A Exploration and Production Government Casing 105

The Energy Law

JULY 1, 2021

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and award such “excess remediation” damages.

E&A 52

E&A Exploration and Production Government Casing 52

The Energy Law

JULY 23, 2013

In the recent ruling, the Third Circuit held that it was reasonable for EPA to interpret Section 126(b) to be an “independent mechanism for enforcing interstate pollution control,” thereby giving EPA authority to directly regulate a specific source in an upwind state. July 12, 2013) (pdf). See GenOn REMA, LLC v. 12-1022, slip op.

Casing 40

Casing Operator Government Mechanic 40