The Energy Law

JULY 26, 2013

By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration.

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The Energy Law

JUNE 22, 2021

3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

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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). 2] Here, this was not the case. 2013); Plaisance v. 2013); Plaisance v. On January 11, 2021, the Fifth Circuit panel affirmed. See Barker v. 3d 208, 224 (5th Cir.

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The Energy Law

JUNE 26, 2013

By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Circuit Court of Appeals held that the EPA’s veto authority under section 404(c) of the Clean Water Act (CWA), 33 U.S.C.§ Army Corps of Engineers (“Corps”). Mingo Logan Coal Co. EPA , 714 F.3d 3d 608 (D.C.

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The Energy Law

FEBRUARY 22, 2016

EPA cannot require electricity generation to be shifted from coal-burning units to units that use natural gas or renewable energy sources without a clear statement from Congress. EPA also cannot require electricity generation to be shifted from coal-burning units to units that use other energy sources as a pollution control technology.

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The Energy Law

MAY 12, 2016

McCarthy , Case No. In that case, the parties eventually settled, and EPA agreed in a consent decree to finalize RCRA Subtitle D coal ash regulations by a certain date. The lawsuit is styled as Environmental Integrity Project, et al. 1:16-cv-00842-JDB, and was filed in the U.S. District Court for the District of Columbia.

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The Energy Law

JUNE 19, 2013

B in a May 20, 2013 Louisiana Register Notice. 1280 (May 20, 2013). Additionally, measurement of condensable PM continues to be required in all cases for emissions of PM 10 and PM 2.5. LDEQ’s definition of “regulated NSR pollutant” is now consistent with the corrected federal definition found at 40 C.F.R. 51.166(b)(49).

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The Energy Law

MARCH 31, 2020

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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The Energy Law

JUNE 22, 2021

3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

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The Energy Law

JUNE 22, 2021

3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

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The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. In 2013, the decision in State of Louisiana v. After the LL&E I decision, the case went to trial in 2015. This was all done in light of this Court’s 2013 La. The Energy Law Blog will explore the import of the prescription ruling in a separate post.

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Producer's Edge

JANUARY 20, 2025

This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. In the MEICO court’s view, that case “counsels strongly” against reading the word “prevent” to mean “make impossible.

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The Energy Law

JULY 1, 2013

By Lesley Foxhall Pietras On June 24, 2013, the U.S. The two consolidated cases the Supreme Court agreed to hear are EPA v. Supreme Court granted the petitions for writs of certiorari filed by the U.S. The CSAPR sets limits on sulfur dioxide and nitrogen oxides from power plants in 28 upwind states in the eastern part of the country.

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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). Richard Hastings (R-Wash.), In particular, Rep. See 30 C.F.R. §§ 250.191, 250.1404.

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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). 2] Here, this was not the case. 2013); Plaisance v. 2013); Plaisance v. On January 11, 2021, the Fifth Circuit panel affirmed. See Barker v. 3d 208, 224 (5th Cir.

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The Energy Law

FEBRUARY 23, 2021

If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. Competence includes at least a basic understanding of TAR in order to evaluate the appropriate document review method for each case and implement a protocol for electronically stored information. Model Rule 1.4

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The Energy Law

MAY 26, 2016

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. The result is consistent, however, with the EPA’s 2014-2018 Strategic Plan of focusing on large cases, and its recent pattern of pursuing fewer enforcement actions with larger resolutions. Adm’r of E.P.A. CITGO Petroleum Corp., Year in Rev.

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The Energy Law

MAY 18, 2020

This case boasts a lengthy and varied procedural history, but the opinion at issue came after a jury found Unocal responsible for “environmental damage” as defined under Act 312 and awarded $3.5 Act 312 provides that any limited admission is admissible in evidence at trial and Unocal’s limited admission was presented to the jury in this case.

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The Energy Law

MARCH 3, 2016

EP Energy E&P Co., While not particularly groundbreaking, Middleton does provide further guidance to mineral lessees and litigators with respect to the relevant factors and time period considered in a paying quantities case. 50,300-CA (La. for the 41-month period.

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The Energy Law

JUNE 20, 2023

In this case, Tongli Shipping Pte. Property is defined broadly and includes traditional maritime assets, but also other tangible and intangible assets, including bank accounts, accounts receivable, and debts. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A. Grand China Shipping Dev. 3d 488, 495 (2d Cir.

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The Energy Law

JULY 23, 2013

July 12, 2013) (pdf). In the recent ruling, the Third Circuit held that it was reasonable for EPA to interpret Section 126(b) to be an “independent mechanism for enforcing interstate pollution control,” thereby giving EPA authority to directly regulate a specific source in an upwind state. See GenOn REMA, LLC v. 12-1022, slip op.

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The Energy Law

AUGUST 9, 2016

Atlantic Richfield was the first case to result in a substantive decision in state court.

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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

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The Energy Law

FEBRUARY 23, 2021

If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. Competence includes at least a basic understanding of TAR in order to evaluate the appropriate document review method for each case and implement a protocol for electronically stored information. Model Rule 1.4

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The Energy Law

OCTOBER 6, 2016

in TDX Energy, LLC v. 5] Similar to XXI Oil & Gas I , TDX Energy involved a claim by a non-operating working interest owner that it was entitled to 103.1 15] The Third Circuit’s recent decision in XXI Oil & Gas II clearly conflicts with the Western District’s ruling in TDX Energy. 1] See TDX Energy, LLC v.

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The Energy Law

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) Eastland 2013, pet. To establish the res judicata defense, a defendant must demonstrate that the legal injury occurred before the decision was made in the first case ( i.e. , the claim was ripe). 19, 2021) (“ Eagle II ”). TRO-X, L.P. ,

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The Energy Law

SEPTEMBER 15, 2015

2] In the Citgo case, the Fifth Circuit dove into these uncertain regulatory waters head on. 2] In the Citgo case, the Fifth Circuit dove into these uncertain regulatory waters head on. Apollo Energies, Inc. , . § 703(a); 16 U.S.C. § A violation of the MBTA results in a fine up to $15,000 and six-months imprisonment.

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The Energy Law

APRIL 19, 2021

The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) Eastland 2013, pet. To establish the res judicata defense, a defendant must demonstrate that the legal injury occurred before the decision was made in the first case ( i.e. , the claim was ripe). 19, 2021) (“ Eagle II ”). TRO-X, L.P. ,

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The Energy Law

JANUARY 12, 2017

Anglo-Dutch Energy, L.L.C. , 1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009. [2] Anglo-Dutch Energy, L.L.C. , 1] In the case, the Plaintiffs granted a mineral lease to the Defendant-Lessee that provided for a 1/5 royalty in 2009. [2] In Gladney v.

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The Energy Law

JULY 6, 2015

provide additional insured coverage with limits of “at least $5 million”), it is conceivable that a different ultimate outcome may have been reached in the case. Ironshore Specialty Insurance Co. Aspen Underwriting Ltd. 13-51027 (5th Cir. Had the additional insured wording in the underlying contract in Ironshore Specialty been broader (e.g.,

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The Energy Law

NOVEMBER 7, 2014

According to the complaint (PDF) DOJ filed in February 2013, Cleartron ZB-103 was routinely “injected into the outfall pipe to mask oil sheen on the ocean surface resulting from ATP’s discharge of wastewater containing quantities of oil in excess of its NPDES permit limit.” . § See United States v. ATP Oil & Gas Corp. , 955 F.Supp.2d

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The Energy Law

OCTOBER 16, 2014

The Proposed Regulations Following a series of train accidents in 2013, and a number of petitions asking for more stringent railroad safety regulations, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA) published an advance notice of proposed rulemaking (ANPRM) on September 6, 2013.

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