The Energy Law

JUNE 13, 2017

9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially liable third party. Following the spill, the U.S.

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Producer's Edge

DECEMBER 30, 2024

A recent SWD failure case dives into critical questions of proximate cause and explores whether the reasonable prudent operator defense may shield against surface damage claims. In this case, Lee v. Investigation revealed that there was severe degradation of the well’s tubing and casing. Memorial Prod. Operating LLC , No.

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The Energy Law

FEBRUARY 3, 2021

Delaware Basin Resources LLC , 08-20-00060-CV, the Court of Appeals for the Eighth District of Texas (El Paso) recently held oral argument on the proper construction of the word “and” used in a Delaware Basin oil and gas lease. When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2.

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The Energy Law

DECEMBER 16, 2015

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. 2014-C-2592, 2015 La. The case itself necessitated extremely nuanced and technical testimony regarding the geology and geophysics of the formations.

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The Energy Law

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

MAY 6, 2016

The Colorado Oil and Gas Association sought a declaratory judgment invalidating and permanently enjoining the enforcement of the Article. Colorado Oil and Gas Association , 2016 CO 29, P. Oil and Gas Ass’n , 16 CO 28 (Colo. Oil and Gas Ass’n , 16 CO 28 (Colo. In 2014, St. City of Longmont v. City of Fort Collins v.

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The Energy Law

NOVEMBER 18, 2020

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

JANUARY 12, 2018

3] In 2014, the Bottley heirs (represented by the same counsel as Lester ) filed a motion to consolidate the Bottley action with Lester. However, the Court emphasized Congress’s intent for CAFA to apply to “ any civil action commenced” after CAFA’s effective date—in this case, Bottley is that civil action. Exxon Mobil Corp.,

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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 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). In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 2] Here, this was not the case. 2014); Barker v. 2014); Barker v. 20, 2010 , 452 F.

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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. requiring the oil and gas company to pay $3 million in civil penalties and to spend approximately $13 million to restore 15 sites in West Virginia that had been developed without dredge and fill permits. Trans Energy, Inc. , 14-117 (N.D.W.Va.),

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The Energy Law

NOVEMBER 18, 2020

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

MAY 26, 2016

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. In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. Charles refinery. Adm’r of E.P.A.

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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). In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 2] Here, this was not the case. 2014); Barker v. 2014); Barker v. 20, 2010 , 452 F.

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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

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. In 1996, the Court issued the first of its now infamous holdings on the deductibility of post-production costs from oil and gas royalties. Oil & Gas Co. Mewbourne Oil. 2d at 120-21.

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The Energy Law

MARCH 26, 2019

1] The dispute in Johnson involved a group of unleased mineral owners (“UMOs”) who filed suit against a unit operator for deducting a litany of post-production costs against their share of production proceeds from an oil and gas unit in the Haynesville Shale. [2] Chesapeake Louisiana, LP. [1] 2] The UMOs argued that La. 12] See id. [13]

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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. Hegar (PDF) that a mineral lessee in a pooled oil and gas unit has the right to use the entire surface of the pooled acreage, regardless of the location of the producing well or whether actual production from beneath the accessed surface can be proven.

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The Energy Law

APRIL 30, 2020

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. During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights.

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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

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

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

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

OCTOBER 16, 2014

As if crude producers and midstream transportation companies don’t already have enough problems trying to get crude oil from production fields to refineries thanks to inadequate pipeline infrastructure, tank car supply, rail safety concerns, and new regulations, they now also have to address a new, potentially market-busting lawsuit.

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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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