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Energy Sector Energy Projects Appeals

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Troutman Pepper

U.S. Court of Appeals for the 9th Circuit Affirms Lower Court’s Dismissal of Tribe’s Case Against City of Seattle

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On December 30, 2022, the U.S. Court of Appeals for the 9th Circuit (“9th Circuit”) affirmed a lower court’s denial of the Sauk-Suiattle Indian Tribe’s (“Tribe”) motion to remand to state court and its dismissal of the...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Beveridge & Diamond PC

Oregon Appeals Court Confirms Water Rights for Hydroelectric Power

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Drawing on the long history of Oregon water rights, the Oregon Court of Appeals on June 10, 2020, issued an opinion in WaterWatch of Oregon v. Water Resources Department that carries significant implications for hydroelectric...more

Bricker Graydon LLP

[Webinar] Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?...

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Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 3

The 2020 Regular Session of the West Virginia Legislature recently passed the one-third mark and, as of this writing, the House has introduced 1155 bills, while the Senate introduced 656. We will continue reporting on and...more

Dechert LLP

Jurisdiction Over Rejection of Power Purchase Agreements—Confusion Continues

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Periods of volatility in energy prices cause spikes in energy companies’ bankruptcies. These bankruptcies lead to debtors’ attempts to reject power purchase agreements (“PPAs”). These attempts ignite the unresolved legal...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

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On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more

Mayer Brown

Tax Incentive Update: Federal Circuit Rules on Calculation of Basis for Energy Projects

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We have published our Legal Update on the Federal Circuit’s opinion in the Alta Wind case involving the calculation of eligible basis for 1603 Treasury cash grant purposes. The 1603 Treasury cash grant rules “mimic” the...more

Hogan Lovells

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

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Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Stoel Rives - Renewable + Law

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

Gray Reed

Back to the Bulgarian Bad Guy, So Say the Justices

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My blogging sensei Cordell Parvin says the title should always inform the reader of the content. Mea culpa on this one; I couldn’t resist the alliterations. Some time back I reported on Carlton Energy Group et al v....more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Locke Lord LLP

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

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On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

K&L Gates LLP

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

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On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...more

King & Spalding

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

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On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

Stoel Rives LLP

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

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Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

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