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Wind Energy Development in the Gulf of Mexico

The Energy Law

Department of Interior has taken several important steps toward making wind energy development a reality in the Gulf of Mexico. This is the first in a series of articles in which Liskow’s offshore team will discuss the regulatory framework for wind energy projects in federal waters and highlight legal issues pertinent to this dynamic area.

Energy 98
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A Summary of Professor Jim Rossi’s Lecture on the “Federalism Battles in Energy Transportation”

The Energy Law

At the Fourth Annual Liskow & Lewis Energy Law Lecture, Professor Jim Rossi of Vanderbilt Law delivered a presentation entitled “Federalism Battles in Energy Transportation.” Natural gas pipelines have historically been governed by federal law since the passing of the Natural Gas Act of 1938.

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United States Court of Appeals Finds BOEM Environmental Impact Statement Deficient, But Declines to Vacate Leases Issued in 2018 Offshore Lease Sales

The Energy Law

The appeal concerned the three EISs prepared by the Department of Interior’s Bureau of Ocean Energy Management (BOEM) prior to Lease Sales 250 and 251. Quoting PPL Wallingford Energy LLC v. The court found that even though deficient, the supplemental EIS seemed correctible, and even partial relief would be disruptive to the lessees. [2].

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

The Energy Law

In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. Bernard Parish Government, sued the federal government in Claims Court, claiming that, under the Tucker Act, both action and inaction by the Corps constituted a “taking” by causing flood damage to their properties.

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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

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. Thus, the cities and counties sought an order of abatement requiring the energy companies to fund a climate change adaptation program.

Casing 52
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Supreme Court Denies Relief to Oil Companies

The Energy Law

2415(a), which imposes a 6-year statute of limitations for Government “every action for money damages. The Court also found that the general rule that statutes of limitations are construed narrowly against the government erased all further doubts as to the meaning of section 2415(a). whether 28 U.S.C. Amoco Production Co. 3d 722 (D.C.

Royalty 40
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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

The pandemic poses a serious public health risk, and government response has included closure of schools and businesses, declarations of emergency, and issuance of a variety of “stay home” orders—typically instructing all but “essential personnel” to remain in their residences other than to gather necessaries. 36, 41 (2005).

E&A 52