Apache Corp. v. W&T Offshore, Inc.
The Fifth Circuit held that a "farmout agreement," under which the owner of a federal offshore oil and gas lease transferred its rights to drill to another drilling operator, does not require the operator to bear a proportionate share of the costs of decommissioning an oil platform at the le...
L.S. Starrett Co. v. Federal Energy Regulatory Commission
The First Circuit upheld a FERC order requiring a precision tool and instrument manufacturer to seek licensing under §23(b) of the Federal Power Act before it can proceed with certain changes to a hydroelectric generating facility project on its property. Under §23(b), the company must seek l...
Downing/Salt Pond Partners, L.P. v. Rhode Island
The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode Island. In Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (19...
New Jersey Environmental Federation v. United States Nuclear Regulatory Commission,
The Third Circuit denied environmental groups' petition for review of an NRC decision granting a license renewal for the Oyster Creek Nuclear Generating Station. The groups, who intervened in the license renewal proceedings, offered several contentions challenging the licensee's plans to detect...
Placer Mining Co. v. United States
The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a Fifth Amendment takings claim stemming from various CERCLA remediation actions taken at the mine. The company argued that the government effectively denied access to parts of the min...