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Current Weekly Cases Update

Volume 45, Issue 6

Harrison v. Cabot Oil & Gas Corp.

45 ELR 20037
J-95-2014 (Pa., February 2015)

The Pennsylvania Supreme Court held that oil and gas leases need not be extended where the lessor has pursued an unsuccessful lawsuit challenging the validity of the lease. An oil company that had been unsuccessfully sued by its lessor argued that it would be appropriate for the courts to award...

Energy, Lease agreements

State ex rel. Morrison v. Beck Energy Corp.

45 ELR 20036
2015-Ohio-485 (Ohio, February 2015)

The Ohio Supreme Court held that a city may not restrict oil and gas drilling within its borders. The city sought to enforce five local ordinances limiting drilling within its borders after an energy company had already obtained the necessary state permits. The ordinances, however, conflict with...

Constitutional law, Hydraulic Fracturing

Board of Commissioners of the Southeast Louisiana Flood Protection Authority v. Tennessee Gas Pipeline Co.

45 ELR 20035
13-5410 (E.D. La., February 2015)

A district court dismissed a flood protection board's lawsuit against 88 oil and gas companies for damages stemming from coastal erosion along a "buffer zone" in southeast Louisiana. The companies do not owe a legal duty to the board, arising under either Louisiana law or the Rivers and Harbors...

Property damage, Wetlands

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

45 ELR 20038
12-0905 (Tex., February 2015)

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility trespassed beneath its property, but the jury returned a verdict in...

Hazardous, Torts, Trespass

RENEW Wisconsin v. Public Service Comm'n of Wisconsin

45 ELR 20034
14-cv-0169 (Wis. Cir. Ct., February 2015)

A Wisconsin court remanded to the state utility commission two components of a 2013 order involving the state's distributed generation tariff for customer-owned generation, i.e., net metering customers. The tariff applies to customers who self-generate energy and compensates them for energy...

Electric utilities, Energy