Must FERC weigh GHG emissions in pipeline reviews?
Global Energy
MAY 21, 2018
In the 2004 case of U.S. Department of Transportation v. Public Citizen,[1] the Supreme Court established an important limiting principle under […]
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Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case
The Energy Law Blog
APRIL 29, 2016
Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil Procedure. In Spanish Lake Restoration, LLC v. Rosenblum , 2004-1664 (La. Shell Oil Company, et al. ,
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Third Circuit Issues Long-Awaited Ruling in OPA Liability Case
The Energy Law Blog
APRIL 5, 2018
ATHOS I had its genesis in a 2004 vessel allision and oil spill on the Delaware River between New Jersey and Pennsylvania. Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. This raises a dire warning to defendants in cases involving subrogated claims.
Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)
The Energy Law Blog
DECEMBER 16, 2015
The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. The first, the “Rice Acres well”, produced until 2004 when production ceased due allegedly to water migration into the production zones. Kerr-McGee Rocky Mt.,
Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis
The Energy Law Blog
JANUARY 9, 2018
The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc. ,
Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court
The Energy Law Blog
FEBRUARY 23, 2024
The case was remanded and the District Court was instructed to consider if the application of New York contract law would violate Pennsylvania’s public policy, meaning Pennsylvania law should apply. 14, 27 (2004). In his concurrence, Justice Thomas did not show the same reverence to the Wilburn Boat holding. 2 1 348 U.S. 310 (1955).
Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions
The Energy Law Blog
MARCH 30, 2017
1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. 20] The CUA permit was obtained on January 20, 2004. 20] The CUA permit was obtained on January 20, 2004. Flat River Farms, L.L.C. , 13] The Court then applied La.
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