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Results: 1-10 of 16

Fifth Circuit decision threatens a tsunami of climate change tort cases while the defense bar awaits a circuit split

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • October 22 2009

On October 16, the United States Court of Appeals for the Fifth Circuit revived a lawsuit filed by residents and property owners along the Mississippi Gulf coast against several corporations in the energy, fossil fuels and chemicals industries alleging that the defendants were responsible for property damage caused by Hurricane Katrina

Seeking a safe harbor: can ASTM's BEPA help sellers avoid liability?

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • June 13 2011

How do you know if a certain commercial property is energy efficient or inefficient?

MATL dispute headed back to district court

  • Stoel Rives LLP
  • -
  • USA
  • -
  • June 10 2011

The Montana Supreme Court has reversed a December 2010 district court decision that found that the developers of the Montana-Alberta Tie Line merchant transmission project do not possess eminent domain authority under Montana law and therefore could not take private land from a nonconsenting landowner

Case summary: Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 8 2011

In Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township, 15 A.3d 563, 2011 WL 2084174, Pa. Cmwlth, March 17, 2011 (No. 782 C.D. 2010), the Commonwealth Court addressed the Schuylkill Township Board of Supervisors’ zoning appeal based on a variance granted to Pohlig Builders (the developers) to disturb an area of steep slopes such that the developers could construct their proposed residential development

Proposed reforms to Bureau of Indian Affairs surface leasing regulations could encourage wind and solar resource development on Indian land

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 10 2012

The Bureau of Indian Affairs has proposed significant reforms to its current regulations for non-agricultural surface leases on Indian land

Rapanos wetlands confusion: Third Circuit accentuates the circuit split

  • Taft Stettinius & Hollister LLP
  • -
  • USA
  • -
  • November 4 2011

When the United States Supreme Court issued its wetlands defining decision in Rapanos v. United States, environmental practitioners, real estate developers, and consultants believed that boundaries would be set for determining when a wetland was regulated under the Clean Water Act

Don’t mess with the water in Texas

  • Locke Lord LLP
  • -
  • USA
  • -
  • March 7 2012

Texas groundwater has long been governed by the Rule of Capture, which provides that the person who owns the surface may collect groundwater even if it interrupts or drains the water from his neighbor’s property

Farmers' advocacy group enters foray against solar energy siting

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 5 2012

On October 31, 2011, the California Farm Bureau Federation petitioned the Superior Court in Fresno County for a peremptory writ of mandate and filed a complaint for injunctive relief to force the County to reverse its recent cancellation of a Williamson Act contract

Texas Supreme Court rules groundwater rights are property rights

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 9 2012

In a unanimous decision, the Texas Supreme Court has held that “land ownership includes an interest in groundwater in place that cannot be taken for public use without adequate compensation”

Environmental organizations lack standing to appeal agency rulemaking

  • Squire Sanders
  • -
  • USA
  • -
  • July 13 2012

The court in Wildearth Guardians v. Salazar held that plaintiff environmental organizations lacked standing to challenge a decision by the Bureau of Land Management (BLM) not to recertify the Powder River Basin as a “coal production region”

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