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2010 WL 5421015 (5th Cir. 30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). In Gabarick v. Laurin Maritime (America), Inc.
The number of civil penalty cases has risen gradually since 2009, with a sharp increase over 2013-2015. BSEE collected civil penalties in 22 cases in 2009, 26 cases in 2010, 30 cases in 2011, 31 cases in 2012, 42 cases in 2013, 53 cases in 2014, and 42 cases in 2015.
On appeal, the court reversed the dismissal and remanded the case to the trial court. The full text of the opinion is available here: www.la3circuit.org/opinions/2010/10/1027/09-1237opi.pdf The appellate court found that genuine issues of fact existed with regard to whether the cattle dip was dangerous per se.
In case you are building a new house, you will have to apply for a normal mortgage loan then get an EEM loan as an add-on. A lender may offer multiple types of loan and in some cases all three. In case of change of ownership, the new owner would continue with the payments because of the inherited green savings. Conclusion.
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., 3d 996 (La.
4] Paying quantities cases usually focus on what expenses constitute “operating expenses.” “Operating expenses”—or “lifting expenses” as they are sometimes referred—are “ordinary, recurring expenses” that are attributable to the expense of production, after the well is drilled and completed. [5] Dore , 2010 U.S. Prospective Inv. &
08-0074, 2010 WL 2541096 (Tex. June 25, 2010). The Supreme Court of Texas agreed, and remanded the case to the court of appeals for remittitur consistent with its opinion. Reynolds, No. By Natalie Barletta and Andrew Wooley In Bennett v. Campbell , 538 U.S.
On March 29, 2010, EPA announced its final decision regarding the reconsideration. Thus, in the case of greenhouse gases, EPA announced that the PSD requirements will likely not be triggered until January 2, 2011, the date upon which EPA’s rule limiting the greenhouse gas emissions for cars and light trucks is expected to take effect.
Moreno On November 8, 2010, the U.S. The original Subpart W rule for petroleum and natural gas facilities was proposed in March 2010. In that case, the emissions from the individual wells would be aggregated and treated as one “facility” for reporting purposes. By Carlos J.
Background In 2010, in the wake of the Deepwater Horizon oil spill, the Department of Interior renamed the Minerals Management Service (MMS) the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE). 3304, issued June 29, 2010. Richard Hastings (R-Wash.), In particular, Rep. See 30 C.F.R. §§ 250.191, 250.1404.
According to the Department of Justice, the evidence presented during the two-week trial demonstrated that in January 2010, the shipping company knew that the oily-water separator aboard its vessel was inoperable. As a federal environmental crime prosecutor for twenty-one years in New Orleans, my docket was comprised of many such cases.
On October 19, 2010, the Louisiana Supreme Court issued its opinion in Marin v. For more information, see www.lasc.org/opinions/2010/09c2368.opn.pdf By Michael A. Mahone, Jr. Exxon Mobil Corp. , a “legacy” lawsuit involving damage to property located in St. Mary Parish caused by historical oil and gas operations.
10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.
Eastland January 29, 2010), involves the granting of a temporary injunction to prevent the filing of liens against oil wells. A secondary issue in the case involves whether or not the deposit of a sum of cash into the trial court’s registry is sufficient to satisfy the requirement of filing a bond with the court. 11-09-00162-CV (Tex.
In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. Exxon Mobil Corporation, et al., Exxon Mobil Corp., 10-743 (La. 5/31/12), 102 So.3d
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 20, 2010 , 452 F. 2] Here, this was not the case. On January 11, 2021, the Fifth Circuit panel affirmed. In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex.,
In 2010, Black Elk Energy Offshore Operations, LLC (“Black Elk”) owned and operated a production facility on the West Delta 32 Lease Block located in the Gulf of Mexico. Wood Group issued the hot work permit for this task on November 16, 2010. Jewell , a related case which is presently stayed pending resolution of United States v.
Tyler 5/5/2010), the Tyler Court of Appeals upheld a trial court’s findings of fact and conclusions of law with respect to the termination of an oil and gas lease for failure to pay shut-in royalty payments to the proper party. The case involved a dispute between the original lessee and a top lessee. 12-09-00150CV, __ S.W.3d
The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation. 2010-2267 (La. The First Circuit resolved this issue by turning to the “comprehensive analysis” of Louisiana property law and the subsequent purchaser doctrine from Eagle Pipe and Supply, Inc.
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 20, 2010 , 452 F. 2] Here, this was not the case. On January 11, 2021, the Fifth Circuit panel affirmed. In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex.,
Holden Following the Deepwater Horizon incident in May 2010, the DOI imposed a six-month moratorium on the issuance of new drilling permits in deep water and directed then-operating lessees to stop operations at the soonest time practicable. Shortly thereafter, the Secretary lifted the second moratorium, effectively mooting Hornbeck’s case.
2] In the Citgo case, the Fifth Circuit dove into these uncertain regulatory waters head on. The take-away there is that the government cannot parse the wording of a regulation to fit the facts of a case when the new interpretation is not supported by the regulatory language. 1] U.S. Apollo Energies, Inc. , FMC Corp. ,
Sometime after the BSEE inspection, but before DOJ filed its complaint, ATP declared bankruptcy citing reduced cash flows caused by the deepwater drilling moratorium instituted after the 2010 Deepwater Horizon oil spill. 110.4 & NPDES General Permit, Part I, Section C.3
9] Unsatisfied with the response, Gloria’s Ranch sent a letter on January 28, 2010 demanding a recordable act evidencing the expiration of the lease, to which the defendants refused. between May 2007 and February 2010. [20] There are two important points to take away from the Second Circuit’s decision in this case. Caleb J.
The Agreement had an initial five (5) year term, and was scheduled to expire in May 2010. 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. In his dissent, Justice Hecht joined this portion of the opinion.
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] 2010-2011 (La. Tauren Exploration, Inc. , 4] $242,029.26 6] $936,803.00 Brittan J.
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