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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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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

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
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U.S. Climate Change Litigation: 2020 Update

The Energy Law

Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. The majority of these cases have been brought under state nuisance laws.

Casing 52
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The Supreme Court’s Adopted Amendments to the Federal Rules of Civil Procedure: A Welcome Emphasis on Cooperative Case Management and Cost-Effective Discovery

The Energy Law

On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. Pending Congressional review, the amendments will become law on December 1, 2015. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).

Casing 40
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Louisiana Supreme Court holds that payment of mineral royalties judgment against LDNR is a matter of legislative discretion, reversing grant of mandamus

The Energy Law

In 2015, the trial court recognized the plaintiffs as the rightful owners of the riverbanks and ordered the LDNR to pay back almost $4.7 The Court distinguished those cases, pointing to constitutional and statutory provisions that mandate appropriation under those specific circumstances.

Royalty 98
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United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge to FERC Certificate Holder’s Condemnation of State-Owned Land

The Energy Law

New Jersey , [1] the divided Court held that a certificate from the Federal Energy Regulatory Commission (FERC) entitled PennEast Pipeline Company (PennEast) to use the federal government’s power of eminent domain to seize property owned by the State of New Jersey. On appeal, the Supreme Court disagreed.

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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

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