Justia Energy, Oil & Gas Law Opinion Summaries

Articles Posted in US Court of Appeals for the Eleventh Circuit
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A district court may, in appropriate circumstances, issue a preliminary injunction granting a pipeline company immediate access to property that it has an established right to condemn under the Natural Gas Act. Transcontinental filed consolidated condemnation proceedings against property owners in order to obtain an easement for the construction of a natural gas pipeline. The Eleventh Circuit affirmed the district court's grant of summary judgment for Transcontinental on the issue of whether it had a right to condemn certain portions of defendants' properties under Section 7(h) of the Natural Gas Act. The court held that the district court did not err in concluding that there was no genuine issue of material fact as to whether Transcontinental held a valid certificate of public convenience and necessity; the property to be condemned was necessary for the natural-gas pipeline authorized by the certificate; and Transcontinental could not acquire the necessary easements by contract. The court also affirmed the district court's issuance of a preliminary injunction allowing Transcontinental to immediately enter defendants' properties and begin construction. The court held that the district court did not abuse its discretion in requiring Transcontinental to post a surety bond rather than a cash deposit. View "Transcontinental Gas Pipe Line Co., LLC v. Cochran" on Justia Law

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Plaintiffs filed a putative class action claiming that two provisions of the Florida Renewable Technologies and Energy Efficiency Act, which authorized the Nuclear Cost Recovery System (NCRS), were invalid under the Dormant Commerce Clause (DCC). Plaintiffs also claimed that the two provisions of the Act were preempted by the Atomic Energy Act of 1954, and the Energy Policy Act of 2005. The Eleventh Circuit affirmed the dismissal of the DCC claim under Federal Rule of Civil Procedure 12(b)(6), because plaintiffs' interests as Florida electric utility customers were well beyond the zone the DCC was meant to protect. The court held that the Atomic Energy Act did not preempt the NCRS, and the district court did not abuse its discretion in denying plaintiffs leave to amend. View "Newton v. Duke Energy Florida, LLC" on Justia Law

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The Eleventh Circuit denied a petition for review of the Commission's decision to revoke petitioner's license to generate hydroelectricity at the Juliette Dam. The court held that the Commission was authorized to revoke petitioner's license under section 823b of the Federal Power Act, 16 U.S.C. 823b, because petitioner violated a compliance order by never submitting effectiveness protocols or documentation of its consultation with the Resource Agencies and substantial evidence supported the Commission's conclusion that the violation was done knowingly. Furthermore, the record showed that petitioner was given adequate notice and opportunity to be heard and that the Commission took into consideration the nature and seriousness of petitioner's violation and its compliance efforts. The court rejected petitioner's remaining arguments. View "Eastern Hydroelectric Corp. v. Federal Energy Regulatory Commission" on Justia Law