The Energy Law

JANUARY 12, 2018

Fifth Circuit Court of Appeals issued an opinion addressing two issues of first impression involving the Class Action Fairness Act of 2005 (“CAFA”). [1] However, the Court emphasized Congress’s intent for CAFA to apply to “ any civil action commenced” after CAFA’s effective date—in this case, Bottley is that civil action. 14-31383, F.3d

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The Energy Law

JULY 25, 2013

To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005. Alternatively, in some cases, individual permits may be needed. CWA §402(l)(2). 3d 591 (9th Cir. See 73 Fed.

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The Energy Law

MARCH 20, 2019

The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. Supreme Court granted certiorari in this case. VI) , 873 F.3d 3d 232 (3d Cir.

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The Energy Law

AUGUST 4, 2023

Produced water can also contain certain critical minerals that can be used for the development of clean energy technologies. [1] COG owned the minerals under four leases in Reeves County, Texas executed between 2005 and 2014. 1] Thus, conflicts arose between surface owners and mineral owners over the ownership of produced water.

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The Energy Law

OCTOBER 25, 2017

Case: Warren v. Factual Background A recreational boating accident occurred on navigable inland waters of Louisiana in May of 2005 resulting in the death of a 22-year old passenger. 4] This case is the first pronouncement from the Louisiana Supreme Court that punitive damages are available under general maritime law.

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The Energy Law

APRIL 25, 2018

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. Property owners in these areas, as well as the St.

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The Energy Law

AUGUST 24, 2017

Relying on the case of Terrebonne Parish School Board v. But interestingly, in this analysis of duty under Louisiana law, the court did not address the Louisiana Supreme Court case of Terrebonne Parish School Board v. Castex Energy, Inc. , Columbia Gulf Transmission Co. , 3d 303 (5 th Cir. 2d 789 (La.

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The Energy Law

MARCH 27, 2020

In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. 36, 41 (2005). Thus, logistical and economic difficulties brought about by COVID-19 may not qualify as a force majeure—without more. In William Roley Glover v. McAllister , 2 Rob. (La.)

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The Energy Law

OCTOBER 2, 2017

Willett Don Willett has been a Justice on the Texas Supreme Court since he was appointed by Governor Rick Perry in 2005. Supreme Court case, Burwell v. The nominees for the U.S. Court of Appeal for the Fifth Circuit are: Don R. He has also served previously as Deputy Assistant Attorney General in the Office of Legal Policy at the U.S.

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The Energy Law

JUNE 30, 2015

In 2005, Kachina (the Buyer) and Lillis (the Seller) entered into a new Gas Purchase Agreement (“Agreement”). If Lillis’ wells failed to do so, then the Agreement provided Kachina with two options: “[i]t may do nothing, in which case the well will be released from the Agreement.

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The Energy Law

APRIL 30, 2020

At trial, the mineral servitude owner testified that in 2005, the Cotton Valley drilling activity was ramping up and other operators near the servitude successfully drilled gas wells. He also testified that the amount of production and gas prices at the time provided an incentive to keep the mineral servitude alive.

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