The Energy Law

DECEMBER 16, 2015

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. The case itself necessitated extremely nuanced and technical testimony regarding the geology and geophysics of the formations. Kerr-McGee Rocky Mt.,

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The Energy Law

JANUARY 6, 2009

By Sarah Steward-Lindsey On November 21, 2008, the Supreme Court of Texas decided that a mineral owner’s participation in a validly pooled unit did not cease simply because the lease of that interest terminated.

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The Energy Law

NOVEMBER 24, 2009

Merlon agreed to purchase oil and gas property owned by ERG pursuant to an “Assignment and Bill of Sale,” which stated that oil produced before January 1, 2008, and contained in the storage tanks on the land subject to the assignment “was the sole property of ERG.” To read the case, please go to [link] Merlon Texas, Inc.,

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The Energy Law

JANUARY 28, 2008

10-06-00236-CV, 2008 WL 90444 (Tex. 9, 2008), the issue presented was whether the preferential right in a Joint Operating Agreement was triggered when working interests subject to the JOA were to be sold along with other interests not subject to the agreement. First Source Texas, Inc. ,

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The Energy Law

OCTOBER 25, 2017

Case: Warren v. 4] This case is the first pronouncement from the Louisiana Supreme Court that punitive damages are available under general maritime law. 471 (2008) limited the ratio of punitive damages to compensatory damages in maritime cases at 1:1. Shelter Mutual Ins. 2016-C-1647 (La. 10/18/17), So. Baker , 554 U.S.

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The Energy Law

SEPTEMBER 25, 2008

Farms , the Court stated: In making this determination, we hasten to add that Act 312 exempts from its application all cases in which a contractual agreement exists between the parties that contains a remediation provision that exceeds state standards. Exxon Mobil Corp. 2007-2371 (La. 7/1/08); _ So. Stat. §§ 30:29(A) and (H).

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The Energy Law

APRIL 7, 2010

In December 2008, then-EPA Administrator Stephen Johnson issued a memorandum indicating that the PSD Program applies to pollutants that are subject to either an actual provision in the Clean Air Act or a regulation adopted by the EPA under the Act which requires actual control of emissions of that pollutant. EPA, 549 U.S.

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The Energy Law

MARCH 12, 2008

06-31238, 2008 WL 588745 (5th Cir. 2008), the Fifth Circuit Court of Appeals affirmed the district court’s decision to dismiss a qui tam action brought under the Federal Claims Act (FCA). By Clare Bienvenu In Marcy v. In determining this issue, the court looked to the materiality of the claim.

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The Energy Law

JUNE 2, 2009

By Marie Carlisle On May 28, 2009, the Fifth Circuit decided In the Matter of: Lease Oil Antitrust Litigation, case no. On January 11, 2008, Texas filed a motion to intervene and a motion to reconsider with the district court.

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The Energy Law

APRIL 8, 2008

2008 WL 762537 (U.S. 2008), the Supreme Court held that the grounds for vacatur and modification of arbitration awards provided by §§ 10 and 11 of the Federal Arbitration Act (“FAA”) are exclusive. The case began as a lease dispute between a landlord, Hall Street Associates, LLC, and tenant, Mattel, Inc., Mattel, Inc.,

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The Energy Law

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

FEBRUARY 19, 2008

15, 2008), the Texas Supreme Court again addressed the propriety of class actions for gas royalty claims. The Bowden case involved claims against Phillips Petroleum company in connection with its natural gas marketing through affiliate companies. In Bowden v. Phillips Petroleum Co. , 03-0824 (Feb.

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The Energy Law

MARCH 31, 2020

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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The Energy Law

APRIL 1, 2008

Stephens Martin Paving, LP , 2008 WL 400397, *1 (Tex. 2008), addressed the issue of whether Texas public policy prohibits a “liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of gross negligence.”

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The Energy Law

JANUARY 30, 2008

173 IBLA 250 (2008), affirms an MMS denial of a Suspension of Operations (“SOO”) where the lessee submitted an revised exploration plan (“EP”) and permit to drill (“APD”) just days before the lease’s 10-year primary term expired, but was unable to conduct lease activities before the expiration date.

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The Energy Law

MAY 27, 2011

The United States Supreme Court foreclosed the possibility of traditional judicial review under the FAA in 2008, when it held that the limited grounds for vacatur or modification of an arbitration award specified in the FAA are exclusive and may not be supplemented or expanded by agreement. 576, 578 & 584 (2008). 9 U.S.C. §

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The Energy Law

NOVEMBER 10, 2017

Case: United States v. Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial Lines, L.L.C. , 16-31150, F.3d 3d (5th Cir.

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The Energy Law

APRIL 4, 2019

In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. 1, 2008) – which allow for the elimination of the gravity component of the penalty rather than the entire penalty. 44991 (Aug.

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The Energy Law

OCTOBER 15, 2020

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. 2008-N07, a lessee that passed the established thresholds was waived from providing additional security to cover its decommissioning liability. This first of such NTLs, NTL No.

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The Energy Law

OCTOBER 15, 2020

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. 2008-N07, a lessee that passed the established thresholds was waived from providing additional security to cover its decommissioning liability. This first of such NTLs, NTL No.

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The Energy Law

APRIL 24, 2020

In 2008, a group of 98 landowners whose property had allegedly been contaminated by the Anaconda Smelter site between 1884 and 1980 sued ARCO in Montana state court, alleging claims of nuisance, trespass, and strict liability, and seeking restoration damages. This case may have a chilling effect on CERCLA settlements with regulators.

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The Energy Law

JUNE 30, 2015

Procedural History In 2008, Lillis contracted to sell his gas directly to Davis, and constructed his own pipeline to the Davis Plant. If Lillis’ wells failed to do so, then the Agreement provided Kachina with two options: “[i]t may do nothing, in which case the well will be released from the Agreement.

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Oil and Gas Investments

NOVEMBER 21, 2024

Cypress owned a majority stake in the company from 2002 to 2008. Source: Complete Solar Q2 Presentation In 2008 Cypress spun out SunPower. In many cases they just lease a roof from the homeowner, front cost of installation upfront and collect revenue directly from a power purchase agreement (PPA) with the utility.

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The Energy Law

MARCH 31, 2021

The Keystone XL project, first proposed by TC Energy Corporation in 2008, is the fourth phase of the Keystone Pipeline project intended to create a shorter path between terminals in Nebraska and Alberta, Canada. The outcome of this case could have a significant impact on his strategy going forward. [1] Gulf Coast. 2] Texas, et al.

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The Energy Law

MARCH 31, 2021

The Keystone XL project, first proposed by TC Energy Corporation in 2008, is the fourth phase of the Keystone Pipeline project intended to create a shorter path between terminals in Nebraska and Alberta, Canada. Since TC’s first 2008 cross-border permit application, the Keystone XL project faced numerous legal and regulatory hurdles.

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