February, 2010

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Courts as Battlefields in Climate Fights

The Energy Law Blog

By Elisabeth Lorio Baer Kivalina, Alaska, an Inupiat Eskimo village of 400 inhabitants perched on a barrier island north of the Arctic Circle, is bringing suit against two dozen fuel and utility companies, including ExxonMobil and Shell Oil, accusing them of helping to cause the climate change that it alleges is accelerating the island’s erosion. The village wants the companies to pay the costs of relocating to the mainland, which could amount to as much as $400 million.

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Federal Court Remands Mineral Lease Dispute for Lack of Evidence of Amount in Controversy

The Energy Law Blog

By Emma J. Hinnigan In Sullivan v. Chesapeake Louisiana, L.P., 09-0579, 2009 WL 3735798 (W.D. La. Nov. 6, 2009), the Western District of Louisiana remanded a case seeking rescission of a mineral lease back to state court after the defendant failed to provide proof of the amount in controversy, namely the total value of the lease. The Sullivan plaintiff filed suit in state court seeking rescission, alleging that (1) the bonus payment was paid untimely, and (2) the defendant had violated Louisiana

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