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U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

The Energy Law

Supreme Court resolved a circuit split regarding maritime law and the “bare metal” defense, namely whether manufacturers have a duty to warn when their bare metal product requires later incorporation of a dangerous part in order for the integrated product to function as intended. Devries , No. 17-1104, — S. Ct. —, 2019 WL 1245520 (U.S.

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New EPA Air Toxics Rule Afflects Facilities with TEG Dehydrators

The Energy Law

Notably, this rule is immediately effective for any source constructed or modified on or after July 8, 2005 and for certain sources constructed or modified on or after February 6, 1998. If the initial startup of the TEG dehydrator was prior to the effective date of the final rule (i.e.

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Louisiana Supreme Court Holds Punitive Damages Are Available Under General Maritime Law Against Products Liability Defendant

The Energy Law

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. 2016-C-1647 (La. 10/18/17), So.

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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

Darue Engineering & Manufacturing, 545 U.S. 308, 314 (2005)). In order to fall within this category of cases, a federal issue must be “(1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.” Gunn v.

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Louisiana Climate Initiatives Interim Report Highlights Goals for Developing Actions to Reduce Greenhouse Gas Emissions

The Energy Law

The Executive Order set forth greenhouse gas emission reduction goals, including that Louisiana should reduce net greenhouse gas emissions by 26-28% of 2005 levels by 2025; by 40-50% of 2005 levels by 2030; and to net zero by 2050. Executive Order JBE 2020-18, issued on August 19, 2020, formally established the Task Force.

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Louisiana Climate Initiatives Interim Report Highlights Goals for Developing Actions to Reduce Greenhouse Gas Emissions

The Energy Law

The Executive Order set forth greenhouse gas emission reduction goals, including that Louisiana should reduce net greenhouse gas emissions by 26-28% of 2005 levels by 2025; by 40-50% of 2005 levels by 2030; and to net zero by 2050. Executive Order JBE 2020-18, issued on August 19, 2020, formally established the Task Force.

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