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 […]
2004 Casing Gas 
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Third Circuit Issues Long-Awaited Ruling in OPA Liability Case
The Energy Law
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.
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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
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
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. 16-30217 (5th Cir. 8, 2018). Kirby , 543 U.S.
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
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. 14] The Second Circuit’s decision in regard to this issue does not represent a departure from the viewpoint that most in the oil and gas industry have towards notarial acts of correction.
Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code
The Energy Law
JUNE 12, 2017
1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] 3] The Lease was executed in September 2004 and covered 1,390.25 4] $242,029.26
Nominees Announced for U.S. Fifth Circuit and Eastern District of Louisiana Seats
The Energy Law
OCTOBER 2, 2017
Supreme Court case, Burwell v. He was appointed to the Judicial Conference Committee of Federal-State Jurisdiction by Justice William Rehnquist in 2004 and became chief judge of the Eastern District in 2015. Hobby Lobby Stores, Inc., 2751 (2014). from Columbia University Law School. Bush in 2001.
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