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Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly

The Energy Law

The bill, HB 590 , extends a prior substantive change in the law that was affected by the 2012 amendments to La. As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royalty interests burdening the nonparticipating owner’s lease.

Royalty 98
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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

Together, these developments will undoubtedly lead to more litigation and a higher cost of doing business on the Outer Continental Shelf. The number of civil penalty cases has risen gradually since 2009, with a sharp increase over 2013-2015. The average civil penalty amount per case has also grown, especially in the last two years.

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Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?

The Energy Law

In August 2018, dry natural gas production from the Haynesville shale averaged 6.774 billion cubic feet per day, which is the highest daily Haynesville production average since September 2012 when production averaged 6.962 billion cubic feet per day. August 2018 was not an anomaly. 9/22/10); 48 So. 3d 341, 342-43.

Gas 52
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U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues of First Impression

The Energy Law

Bottley died in 2012, and thereafter his three heirs filed their own separate wrongful death action in state court. [3] Bottley died in 2012, and thereafter his three heirs filed their own separate wrongful death action in state court. [3] Civil District Court for the Parish of Orleans, State of Louisiana, Case No.

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Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a Conditional Allowable Prior to Unitization

The Energy Law

1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009. [2] 2] The Defendant-Lessee drilled a gas well on the leased premises on February 14, 2012. [3] 1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009.

Royalty 40
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Supreme Court Validates Employer’s Right to Require Class and Collective Action Waivers in Employment-Related Arbitration Agreements

The Energy Law

For example, the plaintiffs in the three cases decided by the Supreme Court today agreed not to pursue unpaid overtime claims under the Fair Labor Standards Act (FLSA) on behalf of other employees in class or collective actions.

E&A 40
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The Supreme Court Looks for a Middle Ground to Determine When Clean Water Act Permit is Required for Discharges to Groundwater

The Energy Law

In 2012, environmental groups brought a Clean Water Act citizen suit against Maui, claiming that Maui was “discharging a pollutant to navigable waters” without the permit required by the Clean Water Act. The Court remanded the case back to the Ninth Circuit so that it could apply this new standard.

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