2010, Casing and Oil - Energy Aggregated

Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law

JANUARY 10, 2011

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.

Casing

Casing Oil IT Completion

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

The Energy Law

JANUARY 26, 2016

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]

Oil

Oil Exploration and Production Gas Operator

Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

SEPTEMBER 19, 2016

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]

Offshore

Offshore Casing Operator Mechanic

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

The Energy Law

JANUARY 31, 2023

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.

Oil

Oil Offshore Pipeline E&A

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

The Energy Law

NOVEMBER 18, 2010

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.

Natural Gas

Natural Gas Gas Petroleum Basin

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

DECEMBER 16, 2015

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.

Casing

Casing Operator IT Energy

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

The Energy Law

NOVEMBER 20, 2015

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.

Government

Government Casing Oil IT

BSEE’s Investigations and Review Unit Changes the Playing Field on the OCS

The Energy Law

AUGUST 29, 2014

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.

Field

Field Operator Exploration and Production E&A

Louisiana Supreme Court Issues Opinion in Marin v. Exxon Mobil Corp.

The Energy Law

NOVEMBER 12, 2010

On October 19, 2010, the Louisiana Supreme Court issued its opinion in Marin v. Mary Parish caused by historical oil and gas operations. 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.

Casing

Casing IT Oil Operator

Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law

SEPTEMBER 15, 2015

The water phase (with residual oil) is separated and sent to two equalization tanks, followed by flotation and biological treatment. The district court found Citgo guilty of two counts of knowingly operating two tanks as oil-water separators without CAA emission controls, and three counts of “taking” migratory birds in violation of the MBTA.

Refinery

Refinery Oil Basin Government

Texas Court Upholds Temporary Injunction, Finds Cash in Lieu of Bond Meets Statutory Requirements

The Energy Law

APRIL 6, 2010

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.

Field

Field IT Operator Casing

Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

FEBRUARY 9, 2021

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). In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 20, 2010 , 452 F. 2] Here, this was not the case. 3d 455, 463 (E.D. 2021 WL 96168 at *3.

Offshore

Offshore Casing E&A Oil

Texas Court Upholds Lease Cancellation for Failure to Pay Shut-In Payments To Proper Party

The Energy Law

MAY 10, 2010

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

Royalty

Royalty Royalty Interest Oil IT

EPA and BSEE Team Up to Resolve Offshore Environmental Violations

The Energy Law

NOVEMBER 7, 2014

Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royalty interests it had conveyed back into the bankrupt estate as debt instruments. 362(b)(4).

Offshore

Offshore Exploration and Production Oil Government

Louisiana First Circuit Applies Subsequent Purchaser Doctrine to Property Transfer Involving Closely Held LLC

The Energy Law

OCTOBER 11, 2021

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.

Exploration and Production

Exploration and Production E&A Instrumentation Oil

Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

FEBRUARY 9, 2021

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). In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 20, 2010 , 452 F. 2] Here, this was not the case. 3d 455, 463 (E.D. 2021 WL 96168 at *3.

Offshore

Offshore Casing E&A Oil

Louisiana Fifth Circuit Weighs in on Proper Application of Prescription and Contra Non in NORM Litigation

The Energy Law

AUGUST 7, 2018

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. In doing so, the Fifth Circuit distinguished a prior case, Lester v. Exxon Mobil Corporation, et al., Exxon Mobil Corp., 10-743 (La. 5/31/12), 102 So.3d

Casing

Casing E&A Sustainable Sustainability

The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

SEPTEMBER 29, 2017

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. As is customary for a typical oil and gas operation, Black Elk hired several contractors to perform various tasks on its platforms. United States v. Moss, et al , No.

Offshore

Offshore Government Operator IT

OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

The Energy Law

JANUARY 10, 2020

255 suffered an explosion and fire while transporting roughly 2,000 barrels of oil off Port Aransas, Texas. In 2010, Congress empowered OSHA to administer claims arising under the SPA. On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. Two crewmembers perished as a result of the casualty. 3d 424 , 444 (7th Cir.

Transportation

Transportation E&A Barrel Education

Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

The Energy Law

JUNE 12, 2017

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.

Royalty

Royalty Exploration and Production Royalty Interest Operator

Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

JUNE 12, 2017

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.

Royalty

Royalty E&P Exploration and Production Operator

Energy Aggregated

Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

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

Trending Sources

Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

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

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

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)

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

BSEE’s Investigations and Review Unit Changes the Playing Field on the OCS

Louisiana Supreme Court Issues Opinion in Marin v. Exxon Mobil Corp.

Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

Texas Court Upholds Temporary Injunction, Finds Cash in Lieu of Bond Meets Statutory Requirements

Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

Texas Court Upholds Lease Cancellation for Failure to Pay Shut-In Payments To Proper Party

EPA and BSEE Team Up to Resolve Offshore Environmental Violations

Louisiana First Circuit Applies Subsequent Purchaser Doctrine to Property Transfer Involving Closely Held LLC

Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

Louisiana Fifth Circuit Weighs in on Proper Application of Prescription and Contra Non in NORM Litigation

The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

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