20 results for 'cat:"Energy" AND cat:"Jurisdiction"'.
J. Freudenberg finds the district court properly exercised personal jurisdiction over the Colorado transport company, which alleged the natural gas producer breached a contract for transportation services when, due to cold weather, it was unable to utilize its reserve pipeline capacity and refused to pay its invoice for those dates. The court correctly entered judgment in favor of the gas producer, finding the transport company consented to personal jurisdiction in Nebraska by joining the producer's master escrow agreement, which contained an express consent to that jurisdiction and waiver of the personal jurisdiction defense. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: March 29, 2024, Case #: S-23-647, Categories: energy, Transportation, jurisdiction
[Consolidated.] J. Jones finds the district court improperly remanded this oil and gas royalties dispute to state court. The landowner and stockholders initiated this class action alleging that the energy company had underpaid more than $100 million in royalties. The company says the Class Action Fairness Act requires the case be heard in federal court, while the district court reasoned the Act's local controversy exception supported remand in spite of a third of the royalties recipients being located in other states and countries. The Act ties principal injuries sustained to the entire class, not a subset. No exception exists for cases in which most parties sustain the principal injury in the forum state, but some do not. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: March 1, 2024, Case #: 23-40591 , Categories: energy, jurisdiction, Class Action
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: energy, Environment, jurisdiction
Per curiam, the Supreme Court of Ohio finds the appeals court exceeded the scope of its jurisdiction on remand when it considered the threshold issue of whether the oil and gas drilling company had a cognizable property interest in its lease. This court's order required it only to conduct a proper takings clause analysis. Therefore, the case will again be remanded to allow the appeals court to consider whether the company suffered a total taking and is entitled to appropriation compensation. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024-Ohio-200, Categories: energy, Property, jurisdiction
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J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: energy, Property, jurisdiction
J. Clark finds the energy provider's appeal arising from its dispute with the utilities regulatory authority must be dismissed for lack of jurisdiction. The trial court's decision to dismiss several counts of its case against the regulatory authority was not a final, appealable decision, as it remanded a single claim to the regulatory authority for further analysis.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: December 21, 2023, Case #: AC45899, Categories: Civil Procedure, energy, jurisdiction
J. Baker finds the trial court properly ruled against an electricity generator in its fraud suit against executives at the Electricity Reliability Council of Texas. Based on precedent set by the Texas Supreme Court, the Public Utility Commission has jurisdiction over the generator’s claims, not the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 28, 2023, Case #: 03-18-00695-CV, Categories: energy, Government, jurisdiction
J. Brown denies remand to a private landowner in coastal Louisiana that seeks to evict a natural gas pipeline company and removal of its pipelines after a 20-year lease agreement expired. The 15,000-acre landowner, which also issues annual fishing and hunting permits, unsuccessfully argues that because the tenant’s annual rent was only $2,500, it would take 30 years of nonpayment of rent to reach the $75,000 minimum for federal jurisdiction. The ruling finds the landowner’s proposed annual rent of $6,000 with periodic increases is more appropriate; raising the disputed minimum of the 20-year lease to at least $120,000. The energy company says it would cost at least $75,000 to remove its pipelines and equipment.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 16, 2023, Case #: 2:23cv04989, NOS: Rent Lease & Ejectment - Real Property, Categories: energy, Landlord Tenant, jurisdiction
J. Rectenwald finds that the circuit court properly declined to dismiss Honolulu’s lawsuit against a number of oil and gas producers. Honolulu and its water supply board’s complaint are well pleaded and challenge the sale of fossil-fuel products and the “sophisticated disinformation campaign” behind those sales. The oil companies’ ads were deceptive regarding their promotion of fossil fuel use. Affirmed.
Court: Hawai'i Supreme Court, Judge: Rectenwald, Filed On: October 31, 2023, Case #: SCAP-22-429, Categories: energy, Tort, jurisdiction
J. Reiber finds the Public Utility Commission, on the second remand, properly denied a company’s request to build a solar facility on a hillside. The commission conducted an analysis if the project would be sufficient to mitigate the impact of the societal benefits and it was supported by the record consistent with the statue. The company claimed a challenge of the constitutionality of the statue, but as already explained the commission lacked jurisdiction to adjudicate the challenge. “Accordingly, petitioner’s constitutional challenges would fail even if they had been properly preserved for our review.” Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: October 27, 2023, Case #: 22-AP-286, Categories: Constitution, energy, jurisdiction
J. Joseph denies a New Mexico resident’s request to dismiss for lack of jurisdiction a lawsuit by a Louisiana company against his multi-state-based company to recover for the loss of the litigant’s industrial equipment in a fire at a well location in western Central Texas. The master lease agreement explicitly designates the Western District of Louisiana as a proper forum. Though the well site was in Texas, the master lease called for loading and unloading of the equipment at the litigant’s facility in Louisiana. Further, the New Mexican owner of the sued corporation fails to show that litigating the contractual dispute in Louisiana would be unfair or unreasonable.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 13, 2023, Case #: 6:23cv936, NOS: Other Contract - Contract, Categories: Civil Procedure, energy, jurisdiction
[Consolidated.] Wynn grants the natural gas pipeline's motion to dismiss petitions for review of permit approvals for lack of jurisdiction. In passing the Fiscal Responsibility Act of 2023, Congress gave exclusive jurisdiction to the Washington D.C. Circuit Court. Dismissed.
Court: 4th Circuit, Judge: Wynn, Filed On: August 11, 2023, Case #: 23-1384, Categories: energy, Government, jurisdiction
J. Jones grants the electric company’s petition for review of the Federal Energy Regulatory Commission’s order on remand for its cost allocation scheme for electrical grid improvements in the American West. FERC’s orders violate the Federal Power Act as a matter of law and the agency inadequately explains its actions. The cost causation principle does not authorize FERC to force its regulated jurisdictional utilities to assume the costs of providing service to non-jurisdictional utilities. The cost causation principle, which says that if a non-jurisdictional utility opts out, if the threshold ratio is met, the benefits for jurisdictional utilities will remain “roughly commensurate” with the costs, does not test whether benefits exceed costs, but whether benefits to particular utilities are linked to costs “caused” by those utilities. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 2, 2023, Case #: 18-60575, Categories: energy, Agency, jurisdiction
J. Summerhays denies Shell USA’s request for reconsideration of an order remanding to state court a southwestern Louisiana coastal parish government’s suit alleging Shell’s oil and gas exploration activities violated state rules and permits. The ruling agrees with a decision in a similar suit in the Eastern District of Louisiana that the connection between a refining contract and production activities in the field is too attenuated to support removing the case to federal jurisdiction based on federal government requirements.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: June 14, 2023, Case #: 2:18cv688, NOS: Other Statutory Actions - Other Suits, Categories: energy, Environment, jurisdiction
J. Lange denies Brown County, South Dakota's motion to dismiss a matter in which an energy company sought relief against the enforcement of the County's temporary moratorium on pipeline permitting and construction. The county sought dismissal claiming a lack of subject matter jurisdiction, however the energy company has alleged a concrete injury in fact caused by the moratorium.
Court: USDC South Dakota, Judge: Lange, Filed On: June 1, 2023, Case #: 3:22cv3018, NOS: Other Statutory Actions - Other Suits, Categories: energy, jurisdiction