Opinion Summaries: Second Circuit U.S. Court of Appeals May 2, 2008
From: Findlaw Opinion Summaries May 2, 2008:
ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, EVIDENCE, OIL & GAS LAW, WATER LAW
Islander E. Pipeline Co., LLC v. McCarthy, No. 06-5764
"Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not 'arbitrary, capricious, an abuse of discretion, or not in accordance with law' ".
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CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, EVIDENCE, INTELLECTUAL PROPERTY, REMEDIES
Wabtec Corp. v. Faiveley Transp. Malmo AB, No. 07-5189
"In a licensing agreement dispute involving arbitration issues, appeal from a denial of defendant's motion to dismiss plaintiff's application for preliminary injunction and expedited discovery is dismissed for lack of jurisdiction where the district court's order was not an appealable interlocutory under the collateral order doctrine or the Federal Arbitration Act"
