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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2. In 2013, the decision in State of Louisiana v.

E&A 105
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United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements

The Energy Law

Louisiana Revised Statutes 30:103.1 have been heavily litigated in recent years, but there are only a handful of reported decisions interpreting these statutes. Many of these decisions involve whether a party complied with the strict notice requirements contained in the statutes. Kelly Land Company, L.L.C. Aethon Energy Operating, L.L.C. ,

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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2. In 2013, the decision in State of Louisiana v.

E&A 52
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Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough

The Energy Law

On June 2, the U.S. Court of Appeals for the Third Circuit analyzed what constitutes a prima facie maritime claim sufficient to support attachment of property under Rule B of the Supplemental Rules of Admiralty of the Federal Rules of Civil Procedure. Property of the defendant within the district is then subject to seizure. Bunge appealed.

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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law

The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit (“VGP”) that commercial vessels are currently required to follow. It also requires the U.S. Coast Guard (“USCG”) to develop corresponding regulations to enforce compliance with the EPA’s standards.

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

The Energy Law

2013); Plaisance v. In In re Deepwater Horizon , No. 20-30300, 2021 WL 96168, a three-judge panel of the U.S. Fifth Circuit Court of Appeal held that fishermen who intentionally came upon the scene of the wreckage of the Deepwater Horizon failed to state a claim of negligent infliction of emotional distress under general maritime law.

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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

In October 2013, Lexington Land filed a supplemental and amending lawsuit asserting its assigned claims against Chevron under both tort and contract theories. To finance the sale, lenders also required Lexington Land to hire a consultant to prepare environmental assessments of the property. Exxon Mobil Corporation , 2009-2368 (La.

Casing 59