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Are nuclear accidents covered?
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • June 15 2011

Recent events in Japan have focused attention on whether nuclear accidents in the United States would be covered by insurance

Federal court allows groups to sue government for approving leases before assessing spill impacts
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

An Alabama federal court has refused to dismiss an environment group’s lawsuit alleging that the U.S. Department of Interior’s Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) approved oil and gas drilling leases in the Gulf of Mexico before assessing the impact of the Deepwater Horizon oil spill

Restrictive covenants: a means to regulate ‘fracking’ in New York?
  • Fox Rothschild LLP
  • USA
  • December 19 2011

New York State is in the process of allowing oil and gas companies to extract natural gas through the environmentally controversial means commonly referred to as “fracking,” or high volume hydraulic fracturing

MA upholds wind purchase agreement
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The Massachusetts Supreme Judicial Court upheld a 15 year power purchase agreement between Cape Wind and National Grid December 28

EPSA challenges compensation method
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The Electric Power Supply Association asked the U.S. Court of Appeals for the District of Columbia Circuit December 23 to review a March 2011 Federal Energy Regulatory Commission rule that requires compensation for demand response programs that are aimed at reducing the demand for wholesale electricity during peak hours

Recent court decisions may affect hydraulic fracturing in New York and Ohio
  • McDermott Will & Emery
  • USA
  • March 29 2012

Three recent court decisions could affect parties with an interest in hydraulic fracturing, particularly in New York and Ohio

Royalty owners and the duty to discover
  • Dentons
  • USA
  • March 27 2012

In 2011 the Texas Supreme Court issued three opinions in which the claims of royalty for mineral owners were barred by the statute of limitations

Federal court holds that the Migratory Bird Treaty Act does not apply to lawful activities that result in the incidental taking of protected birds
  • Stoel Rives LLP
  • USA
  • January 27 2012

In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act ("MBTA") arising out of the incidental death of migratory birds through contact with oil reserve pits operated by the defendants

DOE loan guarantees under attack - storm clouds on the horizon for US alternative energy?
  • Haynes and Boone LLP
  • USA
  • January 26 2012

On November 28, 2011, CAlifornians for Renewable Energy (“CARE”) filed a lawsuit in the Federal District Court in Washington, D.C., against the U.S. Department of Energy (“DOE”) and the Federal Financing Bank (“FFB”)2 that threatens the viability of more than 6.5GWs of clean energy projects

District court finds that 2002 NSR rules provide source operators with flexibility
  • Seyfarth Shaw LLP
  • USA
  • September 19 2011

In United States v. DTE Energy Company, Docket No. 10-13101 (E.D. MI, Aug. 23, 2011), Judge Bernard Friedman recently found for the defendant, DTE Energy Company (DTE) in a New Source Review (NSR) permit dispute