The Energy Law Blog

JULY 26, 2013

The case relates to a 2006 oil spill which occurred at CITGO’s Lake Charles, Louisiana, refinery. This opinion from the Fifth Circuit is likely to have wide-ranging effects on CWA penalty cases. The CITGO case may continue to provide insight as it progresses on remand and any subsequent appeals. CITGO Petroleum Corp.,

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The Energy Law Blog

JANUARY 4, 2007

The opinion in Via Net is available on Westlaw at 2006 WL 3759389 and is also available on the Texas Supreme Court’s web site at [link].

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The Energy Law Blog

JULY 3, 2008

On July 1, 2008, the Louisiana Supreme Court held that Act 312 of 2006 (“Act 312”) is constitutional and reversed the district court’s judgment declaring Act 312 unconstitutional and unenforceable under La. V, § 16, La. I, § 4 and the Fifth Amendment of the United States Constitution. Farms, Ltd. Exxon Mobil Corp. 2007-2371 (La.

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The Energy Law Blog

SEPTEMBER 25, 2008

Dillon As previously reported, the Louisiana Supreme Court held that Act 312 of 2006 is constitutional and reversed the district court’s judgment declaring Act 312 unconstitutional and unenforceable under La. By Anundra M. V, § 16, La. I, § 4 and the Fifth Amendment of the U.S. Constitution. Farms, Ltd. Exxon Mobil Corp. 2007-2371 (La.

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The Energy Law Blog

JULY 6, 2007

2208 (2006). In 2006, the Supreme Court decided two consolidated cases involving the Corps’ authority to require dredge and fill permits under CWA § 404 for discharge into wetlands having only indirect connections to navigable waters. 2208 (2006). United States , 126 S. United States , and Carabell v.

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The Energy Law Blog

DECEMBER 1, 2006

The opinion is available at 2006 WL 3333797 (E.D. 28, 2006). The suit named 11 individual defendants as representatives of two defendant classes, a “pipeline class” and an “exploration & production class.”

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The Energy Law Blog

JULY 25, 2013

Thus, under the 2006 regulations, stormwater from Oil &Gas sites that only contained sediment was always exempt from permitting. The 2006 regulations were judicially challenged and eventually vacated. Alternatively, in some cases, individual permits may be needed. See Natural Resources Defense Council v. 3d 591 (9th Cir.

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The Energy Law Blog

APRIL 30, 2020

In January 2006, approximately 6 months before the servitude would expire for non-use, the mineral servitude owner conveyed the servitude to an affiliated business entity on the condition that it drill a well on the property by June 15, 2006. A well was spud on March 28, 2006.

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The Energy Law Blog

JANUARY 2, 2024

United States , Case No. As detailed in our prior Sackett blog article , CWA jurisdictional decisions have been plagued by administrative rulings, guidance, and court opinions that attempted to implement the plurality opinion in the Supreme Court’s 2006 Rapanos v. In Lewis v. water[s] of the United States, (i.e.,

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The Energy Law Blog

JANUARY 30, 2008

2006-G02, which requires a lessee “to show that a drilling rig was scheduled to commence operations prior to lease expiration and to have an approved plan (in this case , the EP) and APD.” In denying ATP’s request for an SOO, the MMS relied upon its Notice to Lessees No.

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The Energy Law Blog

MAY 26, 2016

The judgment is the latest in a suit the EPA filed against CITGO under the Clean Water Act for a 2006 spill at the oil company’s St. In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. allowing an $81 million judgment against the oil company to stand. Charles refinery. CITGO Petroleum Corp.,

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The Energy Law Blog

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. Tackling this problem, the Louisiana Legislature in 2006 enacted La. After the LL&E I decision, the case went to trial in 2015. Louisiana Land and Exploration Co., 2020-00685 (La. 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. 2d 686 (La. 30:29, known as Act 312.

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The Energy Law Blog

APRIL 1, 2014

715 (2006), the scope of regulatory jurisdiction in the proposed rule is narrower than under the existing regulations. Based on this assertion, the agencies propose that all waters that meet the new regulatory definition of “tributary” are “waters of the United States” by rule, without the need for a case-specific analysis.

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The Energy Law Blog

JANUARY 10, 2020

The obvious intent of the SPA is to guaranty “that, when seamen provide information of dangerous situations to the Coast Guard, they will be free from the “debilitating threat of employment reprisals for publicly asserting company violations” of maritime statutes or regulations.” Riverboat Services of Indiana, Inc., 451 F.3d 3d 424 , 444 (7th Cir.

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The Energy Law Blog

MAY 3, 2021

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. The case then proceeded to trial on Concho’s counterclaims.

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The Energy Law Blog

MAY 3, 2021

The tables turned again at the Texas Supreme Court, which ultimately held that the boundary stipulation was valid and that the defendants conclusively established their ratification defense, but the case is still ongoing. The case then proceeded to trial on Concho’s counterclaims. Factual and Procedural Background.

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. after deductions), resulting in lower royalty payments for the royalty owners.

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The Energy Law Blog

JUNE 12, 2017

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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The Energy Law Blog

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Factual and Procedural Background.

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The Energy Law Blog

JUNE 4, 2012

ACT 312 BEFORE THE NEW LEGISLATION Act 312 of the 2006 legislative session was enacted in response to judicial decisions that awarded significant damages for remediation costs with no obligation for landowners to actually use such awards for cleanup work. Third, a limited admission precludes another plan hearing later in the case.

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The Energy Law Blog

MAY 26, 2023

715 (2006), which was issued 17 years ago but was not uniformly applied due to Justice Kennedy’s use of the “significant nexus” test in his concurrence. Brief Overview of “Waters of the United States” The Supreme Court previously considered the scope of “waters of the United States” under the CWA in 2006 in Rapanos. 715, 739 (2006). [3]

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