Remove 2001 Remove Casing Remove Operator
article thumbnail

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

The Energy Law Blog

By Jana Grauberger The Texas Supreme Court distinguished several Texas appellate court decisions and held the exculpatory clause in a joint operating agreement (“JOA”) applicable not just to operational activities undertaken by the operator, but to all activities of the operator under the JOA. Eastland 2001, pet.

article thumbnail

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

The Energy Law Blog

The below table highlights the main differences between OPA 90 and the CLC: ISSUE OPA 90 CLC 92 Liable Parties Owner, operator, bareboat charterer, or a third party whose sole action caused the oil spill. Violation of a federal safety, construction, operation regulation; or 3. Gross negligence or willful misconduct; 2. Failure to a.

Oil 105
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

The Energy Law Blog

3] When the source of the discharge is a vessel, the “responsible party” is the owner, operator, or demise charterer of that vessel. [4] 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]

Oil 98
article thumbnail

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

The Energy Law Blog

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. acre tract of land in Smith County, Texas.

Royalty 40
article thumbnail

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

The Energy Law Blog

Legacy litigation claims generally concern alleged contamination arising from historic oil and gas operations under theories of both breach of contract and tort. 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.

E&A 52
article thumbnail

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

The Energy Law Blog

Legacy litigation claims generally concern alleged contamination arising from historic oil and gas operations under theories of both breach of contract and tort. 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.

E&A 40
article thumbnail

Texas Supreme Court Holds Producer Not Required to Share in Natural Gas Pipeline Compression Costs

The Energy Law Blog

Kachina”) operates a natural gas gathering system, as well as a gas pipeline. Michael Lillis (“Lillis”) was one of the producers who sold natural gas to Kachina, dating back to 2001. Factual Background Kachina Pipeline Company, Inc. emphasis by Court).