The Massachusetts Supreme Judicial Court (the court of last resort in the Commonwealth) issued a decision in a land use case today of potential concern for environmental practitioners. It raises the question whether a settlement by a regulated entity and the regulator protects the settling party from further claims by neighbor against the settling party … Continue Reading
Written by Douglas C. Atnipp and Frank R. Bradley III. The primary document which governs the contractual and real property rights, privileges and obligations of the landowner (i.e., lessor) and the energy company (i.e., lessee) is the oil and gas lease. Before a landowner grants an O&G lease to a lessee, he should carefully consider some … Continue Reading
The Commonwealth Court, one of Pennsylvania’s two intermediate appellate courts, invalidated provisions of the Oil and Gas Act Amendments of 2012 (“Act 13”) intended to limit local regulation of natural gas development, particularly development of the Marcellus Shale. The court issued its opinion in Robinson Township v. Public Utility Comm’n, No. 284 M.D. 2012, on … Continue Reading
An injunction in Robinson Township v. Pa PUC on April 11 and a federal Executive Order on April 13 raise the question of which government ought to be the primary regulator of new natural gas development. David Mandelbaum's Pennsylvania Law Weekly column, Preemption and Natural Gas Development: Who is the Decider?, 35 PLW 404 (May 1, 2012), explores the issue.
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from Reggie L. Bouthillier, Kenneth Metcalf*, Maribel N. Nicholson-Choice, and Todd Sumner of GT Tallahassee
The 2012 Florida Legislative Session focused on the redistricting process and passage of the State budget. Despite these challenging priorities, the Legislature passed several bills addressing energy policy, environmental regulation and growth management that are intended to benefit businesses and industries throughout Florida.
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