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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

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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Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law

On September 2, 2014, the Department of Justice announced a settlement in United States v. In addition, NWP-12 expressly authorizes the construction of access roads for the construction and maintenance of “utility lines,” with certain limitations. Trans Energy, Inc. , 14-117 (N.D.W.Va.), See 77 Fed. 10184 (Feb.

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Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

The Energy Law

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. The Court’s reasoning hinged largely on the fact that both punitive damages and maintenance and cure predated passage of the Jones Act.

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All or Nothing: Regulators Strictly Define Pipeline Abandonment

The Energy Law

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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Louisiana Second Circuit Provides Guidance as to Good Faith Required When Conducting Operations Necessary to Interrupt Prescription of Mineral Servitude

The Energy Law

During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights. While the long-term fallout from the recent decline in oil prices and the COVID-19 pandemic remains unclear, it is clear that drilling activity has already started to decline.