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Results: 1-10 of 63

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

Gifford files class action lawsuit against USGBC

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • October 18 2010

Henry Gifford, a New York City building energy consultant and long-time critic of the energy efficiency of LEED-certified buildings, filed a class action lawsuit against the U.S. Green Building Council (USGBC) in the Southern District of New York on October 8

Mass. Supreme Court rejects challenge to Cape Wind permit

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • September 2 2010

Yesterday the Massachusetts Supreme Court issued a ruling rejecting a claim that developers of the Cape Wind project, a 130-turbine wind farm proposed off of Nantucket Sound, do not have proper authority to lay transmission lines in state territory

Beach restoration projects are not impermissible takings

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 3 2010

A unanimous U.S. Supreme Court affirmed a Florida Supreme Court decision in Stop the Beach Renourishment v. Florida Dep't of Envtl. Prot., holding that the placement of fill onto submerged beach land owned by the state did not constitute a taking of privately owned beachfront property

DOI exceeded authority in withdrawing from lease sale, but challenge filed too late

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

A federal judge in Utah has determined that the Department of Interior (DOI) exceeded its statutory authority by withdrawing 77 disputed parcels on Bureau of Land Management lands in a 2008 oil and gas lease sale

Ohio appellate court ruling helps ensure that real property rights under coal severance deeds will not be trumped by private oil and gas interests

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • April 16 2009

Last year, the Ohio Supreme Court did not accept for review Appellants Charles and Beverly Datkuliak's ("Datkuliaks") appeal from the Seventh District Court of Appeals' decision in Am. Energy Corp. v. Datkuliak, 7th Dist. No. 07 MO 3, 2007-Ohio-7199

Recent developments in environmental permitting litigation

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • March 2 2011

There were many significant environmental permitting cases decided in the Massachusetts courts in 2010 that have implications for landowners, developers, and various industries

Inaction no longer a shield from liability for executive right holders?

  • Dentons
  • -
  • USA
  • -
  • October 4 2011

The discovery and exploration of the Barnett Shale and other shale plays in Texas have created new concerns for residential property developers

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

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