CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).
MOSCOW - A Russian energy company on Jan. 13 announced that it has entered a settlement agreement with a former director, which will resolve pending litigation and a dispute over a London arbitration award.
HARRISBURG, Pa. - A federal judge in Pennsylvania on Jan. 13 denied a motion filed by a group of plaintiffs seeking to dismiss without prejudice their groundwater contamination case against three energy companies, ruling that the plaintiffs failed to justify their request (Tammy Manning v. WPX Energy Appalachia LLC, No. 12-0646, M.D. Pa.; 2015 U.S. Dist. LEXIS 3641).
WILMINGTON, Del. - A bar date for prepetition claims, including future claims by unknown persons who have yet to manifest any sign of illness from exposure to asbestos, must be established in the Chapter 11 case of Energy Future Holdings Corp. (EFH) but may be extended later for cause shown, a Delaware federal bankruptcy judge held Jan. 7 (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.; 2015 Bankr. LEXIS 27).
CHARLOTTE, N.C. - An energy company being sued for allegedly contaminating groundwater as a result of its operation of a coal generating plant on Jan. 5 filed a brief arguing that the case should be dismissed because the lawsuit is "a misuse" of the citizen suit power contained in the Clean Water Act (CWA), 33 U.S. Code Section 1251, et seq. (Yadkin Riverkeeper, et al. v. Duke Energy Carolinas LLC, No. 14-00753, M.D. N.C.).
ALBANY, N.Y. - A New York appeals court on Dec. 31 reversed a board's decision to award a maintenance worker benefits, finding insufficient evidence to show that his respiratory issues were caused by occupational exposure to mold (Edward Connolly v. Covanta Energy Corp., et al., No. 518493, N.Y. Sup.; App. Div.; 3rd Dept.; 2014 N.Y. App. Div. LEXIS 8995).
VANCOUVER, British Columbia - An energy resource company on Dec. 19 announced that an English high court has refused to set aside an arbitration award that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration.
OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) and a group of residents who sued the company alleging injury from exposure to radioactive waste on Dec. 9 filed a joint motion in Oklahoma federal court seeking a settlement conference (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).
COLUMBUS, Ohio - An energy company that is being sued by a landowner who is seeking a ruling that the lease she entered with the company to allow hydraulic fracturing on her land has terminated on Dec. 9 removed the case to Ohio federal court and filed its answer, contending that the complaint fails to state a claim upon which relief may be granted (Nikki Filicky v. American Energy - Utica LLC, No. 14-02550, S.D. Ohio).
TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.
HARRISBURG, Pa. - An environmental watchdog and a group of residents on Dec. 1 renewed their appeal of a decision by the Pennsylvania Department of the Environment (DEP) that granted a hydraulic fracturing permit to an energy company, arguing that the DEP failed to adhere to standards and comply with the requirements of the Pennsylvania Constitution (The Delaware Riverkeeper Network, et al. v. Commonwealth of Pennsylvania, et al. [in re: XTO Energy Inc.], No. 2014-101, Pa. EHB).
HOUSTON - The federal judge in Texas presiding over a contract dispute between a hydraulic fracturing company and another company that provided technology services for the operation of the fracking business on Dec. 1 issued an order setting the deadline for discovery, mediation and eventual trial, if necessary (Southwestern Energy Production Co. v. Crawford Technical Services LLC, No. H-14-1742, S.D. Texas).
HOUSTON - An oil and gas exploration company on Nov. 25 filed a complaint in the U.S. District Court for the Southern District of Texas against a hydraulic fracturing company, contending that it has breached its contract by not offering the exploration company an opportunity to purchase a proportionate share of oil and gas assets the exploration company says it is due under a contract with a previous company (Energy & Exploration Partners LLC v. New Gulf Resources LLC, No. 14-03375, S.D. Texas).
SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided no explanation for the judge's decision (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.).
WASHINGTON, D.C. - A Ukrainian company on Nov. 14 filed a petition to confirm a $39,172,714 international arbitration award in a District of Columbia federal court that was issued in its favor and against the Republic of Moldova in dispute over breaches of the Energy Charter Treaty (ECT) (LLC Energoalliance v. Republic of Moldova, No. 14-1921, D. D.C.).
OTTAWA - A Canadian woman on Nov. 13 filed an application for leave to appeal to the Canadian Supreme Court a ruling by the Alberta Court of Appeals, which dismissed her lawsuit against a hydraulic fracturing company and the Canadian Energy Resources Conservation Board (CERCB) for alleged exposure to hazardous amounts of methane, ethane and other chemicals (Jessica Ernst v. The Energy Resources Conservation Board, et al., No. 14-36167, Canada Sup.).
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).
RICHMOND, Va. - Energy company Dominion Resources Inc. on Nov. 4 submitted a request to the Federal Energy Regulatory Commission (FERC) asking it to begin its environmental review of a proposed $500 million pipeline that would transport natural gas to Virginia and North Carolina.
ALBANY, N.Y. - The New York Court of Appeals on Oct. 16 refused to rehear a hydraulic fracturing ban lawsuit in which the court split when it issued its opinion concluding that local municipalities may pass bans on the oil and gas extraction procedure because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use (Norse Energy Corp. USA v. Town of Dryden, et al., No. APL-2013-00245, N.Y. App.).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that a hearing in a dispute filed by an energy company that alleges that Canada violated the North American Free Trade Agreement (NAFTA) will soon commence (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).
TORONTO - A Canadian energy company on Oct. 14 announced in news release that a Canadian court has issued an injunction in its favor and against the Kyrgyz Republic barring it from selling shares of a gold-mining company and said that it will seek an extension of the injunction pending an enforcement hearing in relation to an $118 million arbitration award in its favor.