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Results: 1-10 of 1,208

Bankruptcy Court: parties may not contract around mutuality requirement to circumvent prohibition against triangular setoffs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 14 2009

The decision in In re SemCrude, L.P., et al. prohibiting parties from contracting around Bankruptcy Code section 553’s mutuality requirement may disrupt customary business practices, including those widely used in the energy, natural gas and crude oil markets, because it rules that contracting for cross affiliate netting does not “create” the mutuality required for setoff

Hornbeck offshore services decision

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 11 2013

On April 9, 2013, the U.S. Court of Appeals for the Fifth Circuit issued a 2-1 ruling overturning a decision of the U.S. District Court for the

Federal judge denies Obama Administration's motion to vacate the Stream Buffer Zone Rule

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 2 2009

The Obama Administration's efforts to rescind the revised Stream Buffer Zone Rule, enacted at the end of the Bush era, suffered a setback earlier this month

Double jeopardy? Citizen suit may proceed despite government enforcement action

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 2 2009

A Clean Water Act citizen suit may proceed against a coal operator notwithstanding government enforcement action addressing the same alleged violations, according to a federal district judge in West Virginia

Colorado Supreme Court strikes down county ordinance regulating natural resources development

  • Bryan Cave LLP
  • -
  • USA
  • -
  • January 21 2009

In a case that may help shape the boundaries between local and state oversight of natural resources development, on January 12, 2009, the Colorado Supreme Court struck down a Summit County land use ordinance that prohibited the use of cyanide and other toxic or acidic chemicals in heap or vat leach mining operations

Appeals court rejects FERC’s allocation of transmission costs

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • August 31 2009

The US Court of Appeals for the Seventh Circuit has issued an opinion relating to the allocation of costs for new transmission facilities among regional utilities in the PJM Interconnection, L.L.C. (”PJM”

Ninth Circuit upholds MMS decision in Beaufort Sea

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • September 3 2009

The U.S. Court of Appeals for the Ninth Circuit in North Slope Borough v. Minerals Management Service et al., Case No. 08-35180, recently upheld MMS's actions regarding the proposed sale of certain oil and gas leases in the Beaufort Sea

Lies, damn lies and statistics: the truth behind MSHA penalty challenges

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 2 2009

The Mine Safety and Health Administration ("MSHA") recently released a document entitled "Contested Penalty Date - FY 2008-2009" containing data on the disposition of cases contested before the Federal Mine Safety and Health Review Commission ("Commission"

Court upholds termination payment provision

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • June 15 2007

The U.S. Court of Appeals for the Second Circuit recently issued an opinion that enforces an energy trading company’s contractual rights to an early termination payment under a long-dated contract

Environmental groups file suit

  • Alston & Bird LLP
  • -
  • USA
  • -
  • March 4 2008

Appalachian Voices and Canary Coalition filed a lawsuit against top ranking Bush Administration officials in U.S. District Court to attempt to stop the federal government from subsidizing nine new coal-fired power plants

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