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Showing 34 posts in Cases to Watch.
On September 29th, the U.S. District Court for the Northern District of Georgia handed down the first significant ruling of many expected to come out of the Multi-District Litigation involving contaminated drinking water at North Carolina’s Camp Lejeune Marine Corps Base. Judge J. Owen Forrester, who is presiding over what may end up to be thousands of lawsuits alleging illness or death associated with the tainted water, held that the United States could not rely on North Carolina’s 10-year statute of repose to obtain dismissal of a plaintiff’s claims – even though the contamination occurred well more than 10 years prior to the filing of suit. Read More »
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Topics: Camp Lejeune, Cases to Watch, CERCLA, Decisions of Note, Multi-District Litigation, Statute of Repose, Tolling, Toxic Torts
On September 23, the Petitioners filed their opening brief in the case of Sackett v. Environmental Protection Agency (10-1062), one of two environmental cases on the United States Supreme Court’s docket for the upcoming term. Read More »
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Topics: Administrative Procedures Act, Cases to Watch, Clean Water Act, Due Process, Enforcement Action, Real Estate, Wetlands
On September 7, 2011, the Pennsylvania Superior Court issued its decision in Butler v. Estate of Powers, 2011 Pa Super 198, sending the case back to the trial court to decide, in short, who owns the natural gas in the Marcellus Shale formation — the owner of the mineral rights, or the owner of the oil and gas rights. Read More »
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Topics: Cases to Watch, Deeds, Leases, Marcellus Shale, Mineral Rights, Oil and Gas, Real Estate
Last fall we wrote about the decision in Butler v. Estate of Powers in which the Pennsylvania Superior Court appeared to overturn more than 100 years of case law to cast doubt on whether the natural gas found in shale is a “mineral” for purposes of deed interpretation. We called it a “Case to Watch,” and it looks like we were right because earlier this month the Pennsylvania Supreme Court agreed to hear the case. Read More »
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Topics: Cases to Watch, Drilling, Leases, Marcellus Shale, Mineral Rights, Oil and Gas, Real Estate
