2013, E&A and Energy - Energy Aggregated

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

The Energy Law

JULY 1, 2021

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

E&A Exploration and Production Government Casing

African national oil companies (NOCs) partnering with independents to drive E&P

Oil & Gas 360º

MARCH 10, 2025

Senegals Petrosen and Mauritanias SMH worked alongside bp and Kosmos Energy to develop the Greater Tortue Ahmeyim LNG project situated on the maritime border of the two countries and producing first LNG in January 2025. Algerias Sonatrach will increase hydrocarbon production by 2.5%

E&P

E&P Oil Exploration and Production Basin

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

The Energy Law

MARCH 17, 2022

Aethon Energy Operating, L.L.C. , 30:9(B) in which Aethon Energy Operating, L.L.C. 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. Kelly Land Company, L.L.C. 4th 369 (5th Cir. In the suit, the plaintiff, B.A. Kelly Land Co.,

Operator

Operator Oil E&A Gas

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

The Energy Law

JULY 1, 2021

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

E&A Exploration and Production Government Casing

U.S. House of Representatives Passes Energy Bill

The Energy Law

SEPTEMBER 23, 2008

House of Representatives passed Speaker Pelosi’s Energy Bill, H.R. 6899, titled “Comprehensive American Energy Security and Consumer Protection Act.” Title I addresses the existing moratoria, future OCS access, exploration, production and royalty questions.

Royalty

Royalty Energy Energy Offshore

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

The Energy Law

JUNE 20, 2023

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.

Completion

Completion E&A E&P IT

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

The Energy Law

NOVEMBER 17, 2023

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.

Management

Management E&P E&A Operator

EPA Finalizes NPDES Permit for Oil and Gas Facilities in the GOM OCS

The Energy Law

OCTOBER 9, 2012

By Robert E. Operators already covered under the 2007 permit have until January 31, 2013 to file new Notices of Intent (“NOIs”) for continuous coverage. The OCS operator’s existing discharges must be reauthorized by submission of a new NOI before January 31, 2013. Holden and Carlos J.

Oil

Oil Gas Operator Electronics

OCS Operators Need to Consider EPCRA Reporting in their Release Reporting Plans

The Energy Law

MARCH 7, 2013

By Robert E. 9, 2013) (“ CBD ”), reversed in part the district court’s dismissal of citizen suit claims against BP in connection with the Deepwater Horizon incident, upholding the citizen suit cause of action seeking to have BP submit EPCRA reports regarding the Macondo spill. Holden The recent decision by the U.S. et al , no.

Operator

Operator E&A

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

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.

Offshore

Offshore Casing E&A Oil

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). The head of the IRU reports to the BSEE Director. Richard Hastings (R-Wash.), In particular, Rep.

Field

Field Operator Exploration and Production E&A

Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In County of San Mateo et al. 1442(a)(1). In City of Oakland et al.

Casing

Casing Government Energy Energy

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

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

Casing Operator Oil IT

Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

MARCH 31, 2020

The second prelude to the recent Pennsylvania decision was a 2013 Federal District Court for the Northern District of West Virginia ruling in Stone v. The second prelude to the recent Pennsylvania decision was a 2013 Federal District Court for the Northern District of West Virginia ruling in Stone v. Chesapeake Appalachia, L.L.C. [4]

Hydraulic Fracturing

Hydraulic Fracturing E&P Casing Gas

Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

The Energy Law

MARCH 3, 2016

EP Energy E&P Co., The Middleton plaintiffs filed suit in 2013 claiming that three mineral leases maintained by a unit well had terminated because the well failed to produce in paying quantities for a 41-month period from August 1991 to December 1994. 50,300-CA (La. for the 41-month period. Lea Exploration Co., 2d 716 (La.

Exploration and Production

Exploration and Production Operator E&P Workover

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

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.

Offshore

Offshore Casing E&A Oil

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

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

Casing Operator Oil IT

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

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

Casing Operator Oil IT

Privilege Claw-Back Provision Upheld by Delaware Courts

The Energy Law

JUNE 4, 2019

2013), the Delaware Court of Chancery clarified that under Delaware law the privilege for pre-merger communications passes to the surviving company after a merger is consummated. In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP , 80 A.3d 3d 155 (Del. Last week, in S hareholder Representative Services LLC v.

E&A

E&A Education IT

New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

The Energy Law

MAY 26, 2016

District Court Judge Dee Drell (Western District, LA) recently denied a motion to alter or amend the Court’s judgment against CITGO Petroleum Corp.– allowing an $81 million judgment against the oil company to stand. The judgment is the latest in a suit the EPA filed against CITGO under the Clean Water Act for a 2006 spill at the oil company’s St.

Petroleum

Petroleum Casing Barrel Refinery

Winter Storm Uri and Force Majeure: The Legal Battles Continue

Producer's Edge

JANUARY 20, 2025

Pioneer Natural Resources USA, Inc. ("Pioneer"), a natural gas producer operating in the Permian Basin, entered into a firm contract with MIECO, L.L.C. ("MIECO"), an energy trading firm. This recent case [ MIECO, L.L.C. Pioneer Nat. ” Section 11.3: Dynegy Marketing & Trade, 706 F.3d 3d 419 (5th Cir.

Gas

Gas Natural Gas Casing Basin

Ethical Obligations in Technology Assisted Review

The Energy Law

FEBRUARY 23, 2021

Cormack, “The Grossman-Cormack Glossary of Technology Assisted Review,” 7 Fed. If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. However, as the use of TAR expands, practitioners must be mindful of the relevant ethical pitfalls that may ensue. See ABA Model Rue 1.1,

Electronics

Electronics Electronics Casing E&A

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

The Energy Law

APRIL 16, 2019

213 (2012) and The ACREL Papers 121 (Spring 2013). A Lender in a real estate financing transaction often requires borrower’s counsel to opine on certain aspects of the transaction as a condition to the closing. The next report was the comprehensive The Real Estate Finance Opinion Report of 2012 published at 47 Real Prop. & Est. L.

Finance

Finance E&A Education IT

Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law

APRIL 19, 2021

Eastland 2013, pet. (“Eagle”) regarding their agreement to jointly acquire and sell oil and gas leases. In the first, Eagle Oil & Gas Co. TRO-X, L.P. , 3d 137, 149 (Tex. In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests.

Royalty

Royalty Exploration and Production IT Casing

Third Circuit Issues New Act 312 Decision Involving Prescription and Breach of Contract

The Energy Law

MAY 18, 2020

2013), to find that Unocal had an implied obligation under the Louisiana Civil Code to restore the land to its previous condition minus “normal wear and tear.” Louisiana Land & Exploration Co., million for a regulatory cleanup to the requisite state standards. million in private damages. Fifth Circuit jurisprudence. 3d 1038 (La.

Casing

Casing Disposal Well E&A IT

Ethical Obligations in Technology Assisted Review

The Energy Law

FEBRUARY 23, 2021

Cormack, “The Grossman-Cormack Glossary of Technology Assisted Review,” 7 Fed. If used correctly, TAR can result in drastic savings for clients in document-intensive cases and provide more accurate results. However, as the use of TAR expands, practitioners must be mindful of the relevant ethical pitfalls that may ensue. Duty of Competence.

Electronics

Electronics Electronics Casing E&A

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

Casing

Casing E&A Sustainable Sustainability

UCC8, UCC9, and The Hague Convention

The Energy Law

APRIL 5, 2017

That provides that the local law of the securities intermediary as specified in Section 8.110(e) governs that question. Commencing April 1, 2017, those lenders and their counsel may also have to consult the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the “Convention”). [1]

Government

Government Finance E&A Consulting

Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law

APRIL 19, 2021

Eastland 2013, pet. (“Eagle”) regarding their agreement to jointly acquire and sell oil and gas leases. In the first, Eagle Oil & Gas Co. TRO-X, L.P. , 3d 137, 149 (Tex. In Eagle II , TRO-X alleged that Eagle failed to pay TRO-X its share of income generated from production on the equitable interests.

Exploration and Production

Exploration and Production Royalty IT Oil

Energy Aggregated

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

African national oil companies (NOCs) partnering with independents to drive E&P

Trending Sources

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

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

U.S. House of Representatives Passes Energy Bill

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

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

EPA Finalizes NPDES Permit for Oil and Gas Facilities in the GOM OCS

OCS Operators Need to Consider EPCRA Reporting in their Release Reporting Plans

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

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

Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

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

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

Privilege Claw-Back Provision Upheld by Delaware Courts

New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

Winter Storm Uri and Force Majeure: The Legal Battles Continue

Ethical Obligations in Technology Assisted Review

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

Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

Third Circuit Issues New Act 312 Decision Involving Prescription and Breach of Contract

Ethical Obligations in Technology Assisted Review

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

UCC8, UCC9, and The Hague Convention

Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

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