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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.
Tammany Parish Government v. Welsh , 2015-1152 (La. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Tammany zoning ordinance prohibiting hydraulic fracturing was preempted under State law. [4]
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.
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 As there are no such provisions governing the Crooks plaintiffs’ mineral royalties claims, the legislature has retained its discretion to appropriate funds for those claims. 1/1/23), So.
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. Below we take a closer look at each category of lawsuits and provide an update on where they stand today. People by James v. Exxon Mobil Corp. ,
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. In PennEast Pipeline Co. In January 2018, FERC granted PennEast’s request.
By ratifying the 2015 Paris Agreement, [1] nations across the world made a commitment to reducing greenhouse gas emissions by at least 40% by the year 2030. Producers and governments have shown interest in CCS as it allows for the continued use of fossil fuels while reducing net carbon dioxide emissions. 585, 589 (2007). [3]
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.” 1442(a)(1). In City of Oakland et al. 1442(a)(1).
By ratifying the 2015 Paris Agreement, [1] nations across the world made a commitment to reducing greenhouse gas emissions by at least 40% by the year 2030. Producers and governments have shown interest in CCS as it allows for the continued use of fossil fuels while reducing net carbon dioxide emissions. 1] [link]. [2] 1] [link]. [2]
Prior to 2015, BSEE routinely granted applications to decommission pipelines in place pursuant to 30 C.F.R. In recent years, there has been an increase in the number of denials of applications to decommission offshore pipelines in place in a departure from the Bureau of Safety and Environmental Enforcement’s (“BSEE”) longstanding practices.
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. A complete set of the amended and adopted rules may be accessed by clicking here. [1]
This most recent action revokes the EPA guidance issued nearly a year earlier in October 2020, and it readopts the agency’s prior SSM policy for SIPs which was published on June 12, 2015. 2015 SSM SIP Policy. 33840 (June 12, 2015). While published as a final rule, the 2015 SSM SIP Policy was nonbinding.
2015), the Fifth Circuit held that the MBTA “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.” 8716, published February 9, 2021. At the heart of the Trump administration MBTA rule is what constitutes a “take” under the MBTA. 16 U.S.C. § 50 CFR § 10.12. 50 CFR § 10.12.
2015), the Fifth Circuit held that the MBTA “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.”. 8716, published February 9, 2021. At the heart of the Trump administration MBTA rule is what constitutes a “take” under the MBTA. 16 U.S.C. § 50 CFR § 10.12. 50 CFR § 10.12.
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