The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued. The Civil Procedure Rules that provide the framework for litigation in England and Wales encourage parties to consider alternative ways to resolve their differences. There are a variety of techniques that can be utilised to achieve an early and cost effective settlement. Collectively, these are known as ADR ...
by Ronald W. SchulerAccording to insiders, with regard to a Pennsylvania severance tax, Governor Corbett will be holding firm on “no state tax, no local fee,” although it is likely that the legislature will nevertheless offer up a “local impact assessment” bill ...
by Andrew B. McCallisterAs the West Virginia Legislature passes the midway point of the 2011 Regular Session, oil and gas issues remain hot topics with several bills having the potential to directly impact Marcellus Shale operators. Perhaps most significantly are two bills (SB 258/HB2878 and SB 424/HB 3042) that would substantially alter the current regulatory regime for Marcellus Shale permitting in West Virginia ...
by Allyn G. TurnerOn February 8, 2011, the EPA sent a draft copy of its plan for studying the impact of hydraulic fracturing on drinking water to the Science Advisory Board for review and comment. As proposed, EPA’s plan would involve a “cradle to the grave” study of the practice, from the impacts of the withdrawals of water used to fracture a well to the ultimate disposal of the frac water flowback ...
Pooling. This word is on the lips of almost every operator working in the Marcellus Shale. Depending on where you stand on the issue, pooling is either a necessity to allow for the efficient recovery of the resource or a dastardly scheme meant to allow big operators to run roughshod over small operators and small mineral owners ...
A overview of natural Gas Sector and a brief outline of Nigeria’s natural gas sector, including a general description of: natural gas reserves; natural gas production including the extent to which production is associated or non-associated natural gas; import and export of natural gas, including liquefied natural gas (LNG) liquefaction and export facilities, and/or receiving and re-gasification facilities (“LNG facilities”); natural gas pipeline
Effective September 1, 2010, the Texas Railroad Commission issued new regulations for oil and gas operators related to inactive onshore wells and associated equipment pursuant to House Bill 22591 which dramatically changed requirements for extension of plugging obligations for inactive wells. Certain aspects of the regulations and the original law currently are under review, and amendments to HB 2259 are expected to be introduced in the current legislative session ...
In a recent decision of the court of appeal, the Honourable Pierre J. Dalphone confirmed that a secured creditor may ust its debt to acquire the assets which are charged with its security interests in the context of a sale process monitored by the court under the companies creditors arrangement act (CCAA) background. White Birch Paper Inc. and several of its subsidiaries (collectively, the “White Birch Group”February 24, 2010)obtained an initial order under the CCAA ...
A ‘Battle of the Forms’ commonly arises where each of the parties, in the course of the negotiation process, forwards to the other its own standard form of contract, with the aim of getting the other party to adopt such terms and conditions. The question as to which set of terms and conditions constitute the contract often depends on the ‘last shot’ – that is, which form of contract was the one last ‘fired’ to the counter-party ...
On January 18, 2011, the West Virginia Supreme Court of Appeal decided State ex rel. West Virginia Citizens Action Group, et al. v. Earl Ray Tomblin, et al., Docket No. 101494. In this case, the Citizens Action Group and others were seeking an order from the court to compel Earl Ray Tomblin, et al ...
The 2011 Session of the West Virginia Legislature promises to be one of the most interesting in the state's history. The passing of U.S. Senator Robert C. Byrd in 2010 has led to a series of corresponding leadership changes in West Virginia's state and federal delegations. Further, perceived incongruities between state succession laws and West Virginia's Constitution have led interested parties to seek input and clarification from the West Virginia Supreme Court of Appeals ...
In the 2011 legislative session, Pennsylvania's new Republican governor, Tom Corbett, and its largely Republican legislature are likely to pick up where the last session left off with regard to Marcellus Shale issues ...
In a move that indicates significant regulatory changes may be coming to deepwater operations, federal authorities are eyeing new rules curtailing venting of natural gas in the Gulf of Mexico ...
In line with the national long term program to improve the mining and energy sectors to support the development of the country, as well as to ensure that the supply of energy and mineral resources to the domestic market can be met, the Government of Indonesia has been working hard to expedite the process to issue new regulations in the mining and energy sectors ...
This paper discusses electricity sector developments in Alberta and British Columbia that continue to break new ground particularly in view of the recent prominence of renewable energy, greenhouse gas (GHG) emissions issues and export market development initiatives for the export of electricity from clean or renewable sources.To read this paper, click here ...
On December 2, 2010, the Supreme Court of Canada dismissed leave to appeal from the Federal Court of Appeal's decision in Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308. Lawson Lundell acted for the Respondent, the Canadian Association of Petroleum Producers (CAPP), and took an active role in successfully defending the appeal proceedings.Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc ...
KSB partner Martin Šolc, who specializes in advisory on transactions in the field of mergers and acquisitions, has also been performing professional activities for a long time with the International Bar Association (IBA), a leading organization of international legal practitioners, bar associations and law societies, bringing together more than forty thousand attorneys and one hundred and ninety-seven chambers of attorneys on all continents ...
The word litigation usually strikes fear into the hearts of the business community. Litigation can be time-consuming and expensive. Badly-managed litigation is a very painful experience indeed. Managing litigation risk is therefore of huge importance for businesses. But the challenge doesn’t start at the Court door ...
On April 28, 2005, the Chambre des notaires du Québec filed a petition to declare unconstitutional and of no force and effect requirements issued by the Canada Revenue Agency (CRA) under sections 231.2 and 231.7 as well as subsection 5 of section 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (ITA) to obtain documents or information prima facie protected by professional secrecy ...
On October 15, 2010, the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”) issued a final rule that makes mandatory and expands API RP 75, a voluntary industry standard initially promulgated in the 1990s, that addresses the management of safety and environmental risks associated with Outer Continental Shelf (“OCS”) operations and facilities ...
Recent Federal Circuit Decision on Section viii Carve Outs and Inducement By C. Kyle Musgrove, Partner On November 1, 2010, a divided 2-1 panel of the Federal Circuit issued a decision in AstraZeneca LP v. Apotex, Inc. that addresses inducement of infringement in the context of a Section viii "carve out" under 21 U.S.C. § 355(j)(2)(A)(viii) and 21 C.F.R. § 314.92(a)(1) ...
Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43 On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in this appeal that confirmed the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan Inc. for filing ...
Both British Columbia ("BC") and Alberta have long-held political cultures that nourish a sense of alienation from the traditional Canadian power centres in eastern Canada, which has in turned fostered strongly iconoclastic public policies on a range of issues. Coupled with significant differences in geography and geology, these iconoclastic tendencies have resulted in electricity polices that have in recent years dramatically diverged ...
