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Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law

30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). As a result, a large amount of oil spilled from the barge into the river near New Orleans. Further, the responsible party for a vessel is any person owning or operating the vessel.

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Louisiana Third Circuit Holds Land Damages Cases Improperly Cumulated

The Energy Law

08-233, 2008 WL 5158887 (La. Mineral, surface, and subsurface leases on the various properties have been granted to seven separate entities for oil and gas operations on the property. The case was then transferred to Vermillion Parish, Louisiana pursuant to exceptions filed by the defendants for improper venue.

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You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law

Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. The 1987 amendments to the Clean Water Act (“CWA”) added language creating a permitting exemption for uncontaminated runoff from Oil and Gas operations.

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Texas Court Holds Produced and Stored Oil Transferrable as Personal Property in Assignment

The Energy Law

the First Court of Appeals in Houston held that oil which had been severed and stored in tanks on site was personal property and thus was transferred by an assignment of the oil and gas property on which the tanks were located. To read the case, please go to [link] Merlon Texas, Inc., Emphasis by the court).

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Louisiana Fourth Circuit Court of Appeals Affirms Denial of Class Certification in Alleged Chemical Exposure Case

The Energy Law

Mobil Oil Corp., 2008-0541 (La. Murphy Oil, U.S.A., By Jessica Gladney In Thomas v. 3/31/09), the Fourth Circuit affirmed the trial court’s denial of class certification against the defendants, Exxon Mobil Corporation and Chalmette Refining, L.L.C. 1996-2913 (La. 9/9/97), 703 So.

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Violations of Environmental Terms in Federal Oil and Gas Lease Insufficient to Support a Claim under the False Claims Act

The Energy Law

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). He alleged that the defendants then received the benefit of continuing operations under a federal contract, the federal oil and gas lease.

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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.