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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”). As a result, a large amount of oil spilled from the barge into the river near New Orleans. In Gabarick v. Laurin Maritime (America), Inc.

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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

The sharp decline in oil prices over the past year and a half has had a significant impact on operators and mineral lessees in Louisiana and in other oil-producing states. In Louisiana, as in most jurisdictions, production of oil or gas must be in “paying quantities” to maintain a mineral lease beyond its primary term. [1]

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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. 7 (2016). [1]

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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law Blog

A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S. First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2] 78860 (Dec.

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EPA Releases Final Rule Requiring Oil and Gas Sources to Report Emissions of Greenhouse Gases

The Energy Law Blog

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.

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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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Legal Update: U.S. Department of Justice Gets MARPOL Conviction

The Energy Law Blog

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. Coast Guard by making false and fictitious entries in the vessel’s oil record book and garbage record book.