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Court Holds Environmental Penalties Are Dischargeable In Bankruptcy

USA - April 1 2020 In an opinion issued on March 24, 2020, the District Court for the District of Delaware held that pre-petition environmental fines accrued by Exide…

Sixth Circuit Holds Forced Pooling Is Not A Taking

USA - February 6 2019 In Kerns v. Chesapeake Exploration, LLC, No. 18-3636 (6th Cir. Feb. 4, 2019), released on Monday, February 4, the Sixth Circuit Court of Appeals held…

Reversing the Fourth Circuit, US Supreme Court Finds Forest Service Can Lease Land Under Park Service Trails

USA - June 16 2020 Reversing the Fourth Circuit, the Supreme Court on Monday issued its opinion in United States Forest Service v. Cowpasture River Preservation…

Energy Companies Prevail Against Landowners In Two Cases Involving Subsurface Drilling

USA - June 14 2019 Two recent decisions from two different states, Pennsylvania and West Virginia, suggest that courts are becoming increasingly skeptical of landowners…

N.J. Appellate Division Applies "More Liberal" Certification Standards To Property Owner Class

USA - June 1 2020 In an unpublished opinion, Sutton v. Hoffmann-La Roche, Inc., No. A-5545-18T3 (N.J. App. Div. May 27, 2020), the Appellate Division of the New Jersey…