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Texas Supreme Court to Hear Miesch Case

The Energy Law

For a copy of TxOGA’s brief, click on the following link Amicus Curiae Brief of TXOGA – Received: 10/16/2006 . The Miesch case, set for argument on February 13, is one of two related cases decided by the Corpus Christi Court of Appeals last year. Emerald Oil & Gas v. Exxon Corp., 13-99-757, 2005 WL 167051 (Tex.App.

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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 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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Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute

The Energy Law

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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Louisiana Legislature Modifies Oilfield Cleanup Legislation

The Energy Law

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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