The Technology and Construction Court (TCC) in Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) held that a claim referred to adjudication with three separate payment applications was still considered a single dispute for the purposes of adjudication. The adjudicator therefore did have jurisdiction to consider all three payment applications to determine the sum due, and the adjudicator’s decision was enforced ...
Pursuant to statutory changes enacted in its 2011 Sunset Review, the TCEQ has created a website that allows companies and persons subject to its regulations to review the agency’s proposed compliance history rating, for a 30-day period prior to that rating being made available to the public ...
In September 2013, the Texas Commission on Environmental Quality updated its guidance on the use of the Texas Environmental, Health, and Safety Audit Privilege Act to reflect changes recently made by the 83rd Texas legislature to allow prospective purchasers of facilities to take advantage of the protections afforded by the Act ...
The Texas Commission on Environmental Quality (“TCEQ”) is accepting comments on a draft guidance document that addresses air quality emissions and regulatory compliance for storage tanks using floating roofs ...
On April 14, 2010, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners are scheduled to consider proposing new rules that would significantly restrict the ability of companies who rely upon Standard Permits and Permits by Rule (“PBR”) for air quality authorizations to install new facilities or expand or modify existing facilities ...
A new set of regulations regulating the grant of a temporary emphyteutical concession to the emphyteuta, tenant or operator of Government-owned commercial property came into force on 4th June 2024 in virtue of Legal Notice 131 of 2024 (the “Regulations”) ...
Much has been written about the recent introduction of a right on the part of secure agricultural tenants to sell back their tenancies for value to the landlord. I want to have a look at another means by which some secure tenants can sell on the tenancy without involving the landlord at all. That the tenant’s interest in a secure traditional agricultural tenancy has a considerable value is now well established and the reasons easy to understand ...
Unlike the position in England, in Scotland there is virtually no statutory protection for a commercial tenant at the expiry of their lease.Provided sufficient notice has been given by their landlord, the lease will come to an end on the expiry date and, unless a deal can be struck with the landlord, the tenant is required to leave the property on or prior to that date ...
Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020 The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from
On February 5, 2013, the United States District Court for the Middle District of Pennsylvania granted Tennessee Gas Pipeline Co. LLC’s (“TGPC”) motion for an emergency preliminary injunction preventing Pennsylvania’s Environmental Hearing Board (“EHB”) from reviewing permits issued by Pennsylvania’s Department of Environmental Protection (“DEP”) to TGPC associated with its Northeast Upgrade Project (“Project”) ...
Earlier this year, the Tenth Circuit dismissed two appeals in connection with the Bureau of Land Management’s (“BLM”) Final Rule implementing its regulations imposing new standards and obligations on hydraulic fracturing on federal and Indian lands (“Fracking Rule”). The appeals had been filed challenging the district court’s prior ruling that struck down the rule in the face of industry, state, and tribal challenges ...
The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs) ...
More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. In response to citizen concerns, the Texas House Committee on Energy Resources created a Subcommittee on Seismic Activity, to investigate whether there was a link between earthquakes and increased oil and gas production and disposal wells ...
In French v. Occidental Permian, Ltd., No. 12-1002 (Tex. June 27, 2014), the Texas Supreme Court provided guidance on how to calculate royalties where production is obtained through an enhanced recovery technique like the injection of carbon dioxide (CO2) ...
The Texas Supreme Court recently declined to reach a question of significant interest to energy companies and landowners—whether deep subsurface wastewater migration can give rise to trespass liability when the wastewater crosses lease lines. See Envt’l Processing Sys., L.C. v. FPL Farming Ltd., No. 12-0905 (Tex. Feb. 6, 2015) ...
In response to certified questions from the United States Court of Appeals for the Fifth Circuit, the Texas Supreme Court held that unintended construction defects are an occurrence and that allegations of loss of use or damage to a home may constitute property damage under a commercial general liability (CGL) contract. Lamar Homes, Inc. v. Mid-Continent Cas. Co., No. 05-0832 (Tex. Aug. 31, 2007) ...
The Texas Supreme Court has held that a mineral lessee enjoys surface rights over a pooled tract even if that tract is not producing oil or gas. Key Operating & Equip., Inc. v. Hegar, No. 01-10-00350-CV, 2014 WL 2789933 (Tex. Jun. 20, 2014). Mineral lessee Key pooled part of a 191-acre tract (the Curbo tract) with an adjoining tract (the Richardson tract) to form a single unit. Key used a road across the Curbo tract to reach oil and gas operations on the Richardson tract ...
Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and often confusing world of mechanic’s, contractor’s, and materialman’s liens in Texas ...
The Thai cabinet has recently approved the draft Royal Decree issued under the Revenue Code regarding income tax exemption on investment in Thai startups (the “Draft Royal Decree”), in cases where the funding for the startups is provided directly or indirectly through Venture Capital (VC), Corporate Venture Capital (CVC), or private equity trust (PE Trust). This Draft Royal Decree aims to unlock capital gains tax on investment in startups under the Royal Decree No ...
The Royal Decree No. 750 (B.E. 2565) issued under the Revenue Code regarding income tax exemption on investment in Thai startups (the “Royal Decree”) was recently published in the Government Gazette, in cases where the funding for the startups is provided directly or indirectly through Venture Capital (VC), Corporate Venture Capital (CVC), or private equity trust (PE Trust). This Royal Decree aims to unlock capital gains tax on investment in startups under the Royal Decree No ...
On 22 May 2021, SPV77 Co. Ltd., a special purpose entity set up to issue and offer Siri Hub Investment Digital Tokens (“SIRIHUB”) to investors secured approval from the Securities and Exchange Commission (“SEC”) for the country’s first Initial Coin Offering (“ICO”). The first ICO approval by the SEC follows three years of legal changes starting with the passage of the Emergency Decree on Digital Asset Business Operation B.E. 2561 (2018) ...
