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Your Legal Right to a Healthy Environment: Juliana Redux

Energy Central

In 2015 21 youths between the ages of eight and 17 asked a federal court to find that they have a constitutionally protected right to a healthy and su-stainable environment. First, a bit of background on the cases is in. First, a bit of background on the cases is in. They’ve yet to have their day in court.

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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

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).

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Louisiana Supreme Court Denies Plaintiff’s Writ Application in a Move That Will Impact Oil & Gas Legacy Cases

The Energy Law

Previous Court Ruling In many cases alleging damage to property arising from historic oil and gas operations, the plaintiff was not the owner at the time of the alleged damage, but instead is the subsequent purchaser of the property at issue. In Eagle Pipe and Supply, Inc. Amerada Hess Corp. , 10-2267 (La. 10/25/11), 79 So. 2013-2132 (La.

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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)

The Energy Law

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. 2014-C-2592, 2015 La. The case itself necessitated extremely nuanced and technical testimony regarding the geology and geophysics of the formations.

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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. Information within this scope of discovery need not be admissible in evidence to be discoverable.

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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. 1/1/23), So.

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Sixth Circuit Will Not Rehear Venue Question in Clean Water Act Rule Dispute

The Energy Law

As a refresher, here are some of the highlights: June 29, 2015: EPA publishes final “Clean Water Rule” setting out a new definition of “Waters of the United States.” July 28, 2015: The Judicial Panel on Multidistrict Litigation consolidates the pending circuit court actions in the Sixth Circuit Court of Appeals. 37054 (Jun.

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