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Oil Spill Liability: OPA 90 v. the IMO’S CLC

The Energy Law

Fifth, the CLC as written allows claims to be brought for up to 6 years in some cases while OPA 90 has a strict three year statute of limitations and requires claims to be presented 90 days before that period ends. The CLC addresses civil liability for maritime oil spills. CLC Art.III.4)

Oil 105
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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

Oil 98
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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Atkinson , 369 U.S. In Witbart v.

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Texas Supreme Court Holds JOA Exculpatory Clause Applicable to All Activities of Operator

The Energy Law

Eastland 2001, pet. The Texas Supreme Court stated that those cases all involved interpreting the exculpatory clause language of either the 1977 or 1982 A.A.P.L. Fagadau Energy Corp. , 3d 147 (Tex. denied), and Abraxas Petroleum Corp. Hornburg , 20 S.W.3d 3d 741 (Tex. El Paso 2000, no pet.),

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Texas Court Upholds Lease Cancellation for Failure to Pay Shut-In Payments To Proper Party

The Energy Law

The case involved a dispute between the original lessee and a top lessee. In 2001, Dan Nitschke (“Nitschke”), as lessee, obtained an oil and gas lease (the “Smith Lease”) covering the same land from Janet Townsend (“Townsend”), the attorney in fact for Van Hovenberg. In 1976, Karin H. acre tract of land in Smith County, Texas.

Royalty 40
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Is the Frequency of Louisiana Environmental Quality Act Citizen Suit Litigation Increasing?

The Energy Law

Recently, those typical types of claims have been supplemented in some legacy litigation cases with citizen suit allegations based on the Louisiana Environmental Quality Act. The Louisiana Environmental Quality Act, Louisiana Revised Statute §§ 30:2001 et seq. , Iowa Production, et al. 30:2025(E).

E&A 52
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Texas Supreme Court Holds Producer Not Required to Share in Natural Gas Pipeline Compression Costs

The Energy Law

Michael Lillis (“Lillis”) was one of the producers who sold natural gas to Kachina, dating back to 2001. Kachina utilized its pipeline to transport gas it purchased to Davis Gas Processing’s Plant (“Davis Plant”) where it was re-sold. In 2005, Kachina (the Buyer) and Lillis (the Seller) entered into a new Gas Purchase Agreement (“Agreement”).