The Energy Law

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. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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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. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex.,

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The Energy Law

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

FEBRUARY 4, 2021

This is now the second time this case has been before the Supreme Court on issues of arbitrability. It remanded the case for the Fifth Circuit to determine whether the parties agreed to delegate the arbitrability of the claim at issue to an arbitrator. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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The Energy Law

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. In July 2013, the D.C. July 26, 2013).

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The Energy Law

MARCH 26, 2019

30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. 30:10(A)(3), the UMOs argued that such expenses were not recoverable from a UMO’s share of production. [4] 4] In opposition, the unit operator contended that La. 6] The statute at the center of Johnson is La.

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The Energy Law

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

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

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

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] The plaintiffs appealed. [1] Brown , 564 U.S.

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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.,

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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. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex.,

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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. Production grew fast, and today, Nigeria pumps close to 2 million BPD, which makes it the largest producer of crude oil in Africa. Exxon comes next: the U.S.

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The Energy Law

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

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

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. , See 77 Fed.

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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

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. Tammany Parish Government v. Welsh , 15-1152 (La. 9, 2016).

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The Energy Law

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

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

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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The Energy Law

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

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

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. Cannisnia Plantation, LLC v. A well was spud on March 28, 2006. Furthermore, looking to the factors considered in Indigo Minerals, LLC v.

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The Energy Law

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. This first of such NTLs, NTL No.

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The Energy Law

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. This first of such NTLs, NTL No.

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The Energy Law

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

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

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. On February 25, 2016, the EPA proposed revisions to its Risk Management Program (RMP) rule. Click here to see the proposed rule. 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 the spring, Rodgers put up $18M to pay off private equity vultures, get them out of default and fund the working capital needed to get the business back in motion. Next, he bid on SunPower. As you will see the history between Rodgers and SunPower runs deep.

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