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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

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 dispute arose out of the drilling and operation of two wells drilled in 1999. Hayes Fund for the First United Methodist Church of Welsh, LLC v.

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Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

The Energy Law

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 the course of these operations, the LDI crane operator negligently struck and injured an STS employee. 16-30217 (5th Cir.

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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

In Petro-Chem Operating Co., 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.

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

arose from a 2004 mineral lease covering nearly 1,400 acres in Sections 9, 10, 15, 16, and 21, Township 15 North, Range 15 West, in Caddo Parish. [2] 4] In 2007, Fossil Operating, Inc. 5] Chesapeake Operating, Inc. 19] Another expert testified that the well in Section 21 was operated at a cumulative net loss of $115,248.74

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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Caremark, Inc.,

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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

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] Tauren Exploration, Inc. , 4] $242,029.26 6] $936,803.00 Rhymes ( jdrhymes@liskow.com ).

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Sierra Club Asks Court to Ban Use of Legacy DOT-111 Tank Cars

The Energy Law

The Writ of Mandamus Although the proposed rule addresses many of the DOT-111 safety concerns by requiring retrofits and operational changes, the NGOs claim that the proposed four-year phase-out of legacy tank cars is a “glacial pace [that] is unacceptable.” Circuit 2004). Citing In re American Rivers , 372 F.3d 3d 413, 419 (D.C.