The Energy Law Blog

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. 2014); Barker v. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D.

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The Energy Law Blog

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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The Energy Law Blog

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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The Energy Law Blog

SEPTEMBER 20, 2013

Under the bill, the GHG permitting process will be exempt from TCEQ’s contested case hearing requirements in an effort to make the process more efficient. The rules will likely be adopted in early 2014 and will become effective immediately. However, the case is still pending before the D.C. 10-1425, 2013 U.S. LEXIS 15210 (D.C.

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The Energy Law Blog

JUNE 24, 2019

Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. 2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. Estis Well Service , 768 F.3d 3d 382 (5 th Cir. Apex Marine, 498 U.S.

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The Energy Law Blog

JUNE 9, 2014

On May 30, 2014, in an unanimous decision in National Environmental Development Association’s Clean Air Project v. The EPA had argued that an operationally interdependent relationship (in the Summit case, spanning a 43-square mile area) was enough to find that pollutant-emitting activities were “adjacent.” May 30, 2014).

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The Energy Law Blog

JANUARY 24, 2018

2014) (en banc). In reaching its decision, the Ninth Circuit was required to distinguish the recent en banc Fifth Circuit McBride decision, which reached the opposite conclusion in 2014. Compare McBride v. Estis Well Service , 768 F.3d 3d 382 (5th Cir. Apex Marine Corp. , 19 (1990) on this area of law.

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The Energy Law Blog

FEBRUARY 4, 2021

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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The Energy Law Blog

FEBRUARY 5, 2016

The court interpreted the 2014 amendments to Act 312 (La. Specifically, Subsection (M), enacted in 2014, allows damages awards only for (a) The cost of funding the feasible plan adopted by the court. (b) 3) should be limited to those cases in which a landowner has an express contract-based claim for additional remediation.

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The Energy Law Blog

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. 2014); Barker v. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D.

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The Energy Law Blog

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. CITGO Petroleum Corp., Year in Rev.

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The Energy Law Blog

AUGUST 4, 2023

COG owned the minerals under four leases in Reeves County, Texas executed between 2005 and 2014. That being the case, Justice Palafox did not believe the regulations had any role in determining the ownership of produced water. One such conflict arose between Cactus Water Services, LLC (“Cactus”) and COG Operating, LLC (“COG”).

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The Energy Law Blog

SEPTEMBER 16, 2014

On September 2, 2014, the Department of Justice announced a settlement in United States v. The Louisiana Department of Environmental Quality has issued water quality certification (PDF) for NWP-12 without conditions, but it will issue such certification for NWP-39 only on a case-by-case basis. Trans Energy, Inc. ,

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The Energy Law Blog

JANUARY 27, 2020

But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state. 117 (2014). [4] P N K (Lake Charles) L.L.C., Brown , 564 U.S.

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The Energy Law Blog

MARCH 26, 2019

30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. 21] Although the Johnson case provides one federal district court’s interpretation on an issue of first impression, it raises more unanswered questions for unit operators in Louisiana. 12] See id. [13]

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The Energy Law Blog

MAY 5, 2023

The lessee, MRC Permian Company, received four identical oil and gas leases from certain lessors in 2014. That drilling rig was also scheduled to drill two other wells before drilling the well at issue, but MRC could have forgone drilling the two other wells to drill the new well, in which case it would have met the May 21, 2017 deadline.

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The Energy Law Blog

APRIL 1, 2014

On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. The agencies claim that, as a result of the Supreme Court’s decision in Rapanos v.

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The Energy Law Blog

MAY 6, 2016

In 2014, St. These recent cases point out that the authority to regulate fracking varies from state to state and should be evaluated accordingly. This moratorium, like the home-rule charter article, was preempted by the Colorado Oil and Gas Conservation Act. The Colorado opinions echo the recent ruling of the Louisiana First Circuit.

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The Energy Law Blog

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 Blog

AUGUST 18, 2016

This clarification comes after a number of leaks in 2014 and 2015 from pipelines that were believed to be “abandoned.” In both cases, the prior owner or operator allegedly had not followed the proper procedure for abandoning a pipeline, specifically regarding purging the pipeline of hazardous material.

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The Energy Law Blog

JUNE 13, 2017

Settoon arose out of a February 2014 collision on the Mississippi River near Convent, Louisiana. These types of damages, however, have long been prohibited under the general maritime law (the default body of federal common law governing maritime cases) under the familiar Robins Dry Dock rule.

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The Energy Law Blog

AUGUST 19, 2020

On September 14, 2014, James Mays, a valve technician and an employee of Furmanite American (“Furmanite”) died while servicing valves on a platform that was part of Chevron’s gas gathering system and located in Louisiana’s territorial waters. The Court also distinguished Valladolid and another case cited by Chevron, Baker v.

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The Energy Law Blog

FEBRUARY 3, 2021

Oil and gas operator, Delaware Basin Resources LLC (DBR), entered into 13 leases with 13 mineral owners in February 2014, all of which were essentially the same. Thus, the entire case hinges on the power of the conjunction “and” to conjoin two noncontiguous sections into a single tract. described as follows: Section 6. and Section 2.”

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The Energy Law Blog

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.

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The Energy Law Blog

JUNE 24, 2014

On June 20, 2014, the Supreme Court of Texas ruled in Key Operating & Equipment, Inc. Disconcertingly, the court of appeals held that the case was “decided under the accommodation doctrine,” which neither Key nor the Hegars contended applied.

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Drillers

MARCH 24, 2020

While the NDA’s methods were undoubtedly questionable, the rise in militant activity in the Delta coincided with the 2014 oil price collapse which plunged Nigeria into a recession. While bumpy, this road has since 2014 led to a marked drop in attacks on oil infrastructure in the Delta.

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The Energy Law Blog

OCTOBER 2, 2017

Supreme Court case, Burwell v. 2751 (2014). Duncan has also recently acted as general counsel for Becket Fund for Religious Liberty and was lead counsel on behalf of Hobby Lobby in the recent U.S. Hobby Lobby Stores, Inc., Mr. Duncan received his undergraduate and law degrees from Louisiana State University and earned an L.L.M.

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The Energy Law Blog

FEBRUARY 3, 2021

Oil and gas operator, Delaware Basin Resources LLC (DBR), entered into 13 leases with 13 mineral owners in February 2014, all of which were essentially the same. Thus, the entire case hinges on the power of the conjunction “and” to conjoin two noncontiguous sections into a single tract. described as follows: Section 6. and Section 2.”

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The Energy Law Blog

APRIL 30, 2020

On November 5, 2014, the landowner provided notice to the mineral servitude owner that the mineral servitude expired and requested a recordable act evidencing its expiration effective June 28, 2006. A well was spud on March 28, 2006. The well was a dry hole, however, and was therefore plugged and abandoned on April 21, 2006.

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The Energy Law Blog

OCTOBER 15, 2020

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.

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The Energy Law Blog

OCTOBER 15, 2020

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.

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The Energy Law Blog

OCTOBER 16, 2014

Thus, they filed an original Writ of Mandamus with the United States Court of Appeals for the Ninth Circuit on September 11, 2014, seeking to force the DOT to respond their petition for an immediate ban. Citing In re American Rivers , 372 F.3d 3d 413, 419 (D.C. Circuit 2004).

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The Energy Law Blog

JULY 28, 2017

The USFWS’ critical habitat designation was upheld by Judge Feldman in the Eastern District of Louisiana in 2014, affirmed by a 2-1 decision in the Fifth Circuit Court of Appeals in 2016, and denied an en banc rehearing by an 8-6 vote of the Fifth Circuit in February 2017.

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The Energy Law Blog

MARCH 2, 2016

According to EPA, the 2014 Request for Information on RMP revisions received 579 public comments plus 99,713 letters and signatures from various mass mail campaigns. EPA-HQ-OEM-2014-0328-0001. The RMP proposal is expected to garner a lot of attention from both industry and Non-Governmental Organizations. See Docket ID.

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Oil and Gas Investments

NOVEMBER 21, 2024

At the time SunPower acquired them, Blue Raven had a CAGR of 93% since 2014. In many cases they just lease a roof from the homeowner, front cost of installation upfront and collect revenue directly from a power purchase agreement (PPA) with the utility. Of course its a different world now. Blue Raven likely isnt growing much at all.

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