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Louisiana Second Circuit Provides Guidance as to Good Faith Required When Conducting Operations Necessary to Interrupt Prescription of Mineral Servitude

The Energy Law

In Cannisnia Plantation , the Louisiana Second Circuit faced the issue of whether a mineral servitude owner conducted good faith operations sufficient to interrupt the prescription of non-use of a mineral servitude. 1] 53,252 (La.

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Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers

The Energy Law

Yacht Path), a broker specializing in transportation of large watercraft, who completed the chain by contracting with Industrial Maritime Carriers, L.L.C. IMC) as the “vessel-operating common carrier.” Freightplus and IMC disagreed over whether Freightplus was operating as an NVOCC. Muller Weingarten AG , 153 F.

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Guidance and Relief for Retirement Plans Due to the COVID-19 Pandemic

The Energy Law

A complete list of the questions and answers can be found here. Self-Correction The correction period for self-correction of certain insignificant plan operational failures (normally the last day of the second plan year following the plan year in which the failure occurred) is postponed.

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Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

The Energy Law

In 1968, the Corps completed construction of the Mississippi River Gulf Outlet (“MRGO”) in New Orleans. In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. The court then turned to the two affirmative acts identified by Plaintiffs as causing their damages—the construction of MRGO and its continued operation.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. 308, 314 (2005)). Removal is also allowed “where federal law completely preempts a plaintiffs’ state-law claim.” claim for relief.” Gunn v.

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