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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

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 parties signed the stipulation in August and September 2008, and it was subsequently recorded in the county records.

E&A 52
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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

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 parties signed the stipulation in August and September 2008, and it was subsequently recorded in the county records.

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

The Energy Law

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.

Casing 52
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

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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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

The Energy Law

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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U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

The Energy Law

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.

Oil 40
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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

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.