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U.S. Climate Change Litigation: 2020 Update

The Energy Law

On January 10, 2020, the New York Attorney General’s Office stated that it will not appeal the trial court’s decision. The majority of these cases have been brought under state nuisance laws. Most of the other cases are pending in various United States Courts of Appeal. United States is at the forefront. United States , No.

Casing 52
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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).

Casing 52
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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BEYOND VIDEO-CONFERENCING and TECHNICAL FACILITATION SERVICE

Drillers

After starting in October and November 2019 The global impact of the COVID-19 pandemic spread around the world in the first few months of 2020. Once we go back to the new normal we expect that each E&P company will decide which is the most suitable for their needs, in-person or virtual?

E&P 52
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Fifth Circuit Rules “Approximate Physical Presence” is Required for General Personal Jurisdiction

The Energy Law

P N K (Lake Charles) L.L.C., 18-31060, 2020 WL 288213 (5th Cir. But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state.

E&P 40
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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

Oil 98
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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

The Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) recently issued a proposed rule on Risk Management, Financial Assurance and Loss Prevention (“Proposed Rule”), which was published in the Federal Register on October 16, 2020 and is now open for public comment.