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EPA, States Differ on Approach to Carbon Capture and Storage Facility Liability

Carbon Capture and Storage (CCS) refers to the process of injecting carbon dioxide into deep rock formations known as “Class VI wells” as a long-term underground storage option to reduce carbon dioxide emissions into the...more

North Dakota Court: Similar Sales Admissible to Determine “Just Compensation” for Eminent Domain

In WBI Energy Transmission, Inc. v. Easement and Right-of-Way Across, WBI Energy Transmission’s "Motion in Limine to Exclude Evidence or Testimony of Other Easement Transactions” was denied in a ruling filed April 1, 2021....more

Pipeline Progeny: The Bounds of Eminent-Domain Power and FERC Certificates

Companies seeking to enforce eminent-domain power pursuant to the Natural Gas Act (NGA) and FERC certificates should continue to monitor PennEast Pipeline Co. v. New Jersey and its progeny. 938 F.3d 96, 99 (3rd. Cir. 2019)...more

Expert Testimony, Substantiated Facts Tip the Scale: 8th Circuit Ruling Favors Energy Company

The saga of J.B. Turner v. XTO Energy, Inc. reached another milestone on Feb. 25, 2021, when the 8th U.S. Circuit Court of Appeals granted summary judgment in favor of XTO Energy on Turner's claims of breach of contract and...more

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