Articles Posted in Energy, Oil & Gas Law

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Appellants the South Carolina Energy Users Committee (the SCEUC) and the Sierra Club appealed orders of the Public Service Commission that approved Respondent South Carolina Electric & Gas's (SCE&G) application for updated capital cost and construction schedules, pursuant to the Base Load Review Act, (the BLRA). The issues this case presented for the Supreme Court's review was whether the Commission applied the correct section of the BLRA, and whether the Commission had to also consider the prudence of project completion at the update stage. Finding no reversible error in the Commission's orders, the Supreme Court affirmed. View "SC Energy Users Committee v. SCE&G" on Justia Law

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In approximately twenty years PCS Nitrogen, Inc. contributed to environmental contamination by manufacturing fertilizer and disturbing contaminated soil during various demolition activities. In 2003, Ashley II of Charleston, Inc. purchased 27.62 acres of the PCS's property. Since that time, Ashley II has incurred substantial costs in remediating the environmental contamination. In July 2008, Ashley II filed a complaint against PCS seeking a declaration of joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) due to costs of the environmental cleanup at the Site. Additionally, PCS asserted a third-party indemnification claim against the site's previous owner based on the indemnity provision in a 1966 purchase agreement, seeking indemnification for attorney's fees, costs, and litigation expenses incurred in establishing that the predecessor contributed to the contamination. The South Carolina Supreme Court anwered the following certified question from the United States District Court for the District of South Carolina: "Does the rule that a contract of indemnity will not be construed to indemnify the indemnitee against losses resulting from its own negligent acts, unless such intention is expressed in clear and unequivocal terms, apply when the indemnitee seeks contractual indemnification for costs and expenses resulting in part from its own strict liability acts? " In the context of the underlying claim in federal court, the South Carolina Court answered the question, "no." View "Ashley II v. PCS Nitrogen" on Justia Law