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Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law Blog

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.

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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law Blog

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.

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Louisiana Third Circuit Court of Appeal Reverses District Court’s Dismissal in Arsenic Land Damage Case

The Energy Law Blog

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.

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Green Mortgages: Here’s What You Need to Know

Energy Refuge

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.

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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)

The Energy Law Blog

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.

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Production in Paying Quantities: Maintaining Mineral Leases Beyond Their Primary Terms with Production of Oil or Gas

The Energy Law Blog

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. &

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Texas Supreme Court Offers Exemplary Damage Guidance

The Energy Law Blog

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.

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