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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. Perhaps time will tell.

Royalty 98
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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. El Paso E & P Co. , El Paso E & P Co. , August 2018 was not an anomaly.

Gas 52
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A New Opinion Report is Published: Assistance for Real Estate Financing Transactions

The Energy Law

The next report was the comprehensive The Real Estate Finance Opinion Report of 2012 published at 47 Real Prop. 213 (2012) and The ACREL Papers 121 (Spring 2013). The Local Counsel Opinion Letters – A Supplement to the Real Estate Finance Opinion Report of 2012 , 51 Real Prop. & Est. L. & Est. L.

Finance 40
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SEC Expands Investor Classes for Unregistered Securities Transactions

The Energy Law

Qualified Institutional Buyer To increase the liquidity of restricted securities, in 2012 the SEC adopted Rule 144A of the Securities Act which facilitates enhanced trading of restricted securities by investors other than the original issuer. The SEC also adopted related amendments to Securities Act and Exchange Act rules.

E&A 52
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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

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. But the 7 th and 9 th Circuits sided with the Board, creating a circuit split that the Supreme Court stepped in to resolve.

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. Hawaii Wildlife Fund, et al. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 1342 (NPDES provisions).

E&A 40
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Texas Supreme Court Update: Boundary Dispute Between Leasehold Owner and Lessees of Adjacent Tract

The Energy Law

Bringing to mind the infamous Hatfield-McCoy family feud, Concho Resources, Inc. Ellison is a classic boundary dispute between a leasehold owner and neighboring lessees with allegations of fraud and more than $1 million at stake. See 2021 WL 1432222 (Tex. What ensued was a long legal battle with an ironic outcome.

E&A 52