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On December 3, 2021, the Department of Justice published a notice in the Federal Register of a settlement between Federal and State Trustees and Kirby Inland Marine, LP (“Kirby”) to resolve natural resource damages from a 2014 oil release. Kirby has been a cooperating responsible party and paid for removal costs. Additionally, Kirby paid $4.9
A petition filed on July 19 by Sierra Club and Healthy Gulf seeks review of a “dredge and fill” permit granted by the U.S. Army Corps of Engineers to Driftwood LNG – a liquefied natural gas (LNG) export terminal under construction near Lake Charles. 717r(d)(1)). [2]. 717r(d)(1)). [2].
The court interpreted the 2014 amendments to Act 312 (La. 1/30/13) (“ LL&E ”), that legacy plaintiffs are entitled to additional remediation damages in two circumstances: (1) if required by an express contractual provision, or (2) if the mineral lessee has acted unreasonably or excessively under the lease. Denbury , — F.3d
The lessee, MRC Permian Company, received four identical oil and gas leases from certain lessors in 2014. MRC Permian Company , — S.W.3d 21-0461, 2023 WL 3028100 (Tex. The actual deadline, however, was May 21, 2017. MRC sued Point Energy seeking a declaratory judgment that the leases remained in full force and effect.
2014), another case involving an arbitration clause which incorporated the AAA rules and explicitly exempted certain claims from arbitration. Therefore, litigants and practitioners in the Fifth Circuit should continue to look to the Fifth Circuit’s decision for guidance in determining “who” decides whether a claim is arbitrable.
On September 2, 2014, the Department of Justice announced a settlement in United States v. The Trans Energy settlement shows that exploration and production (E&P) companies need a rigorous compliance strategy for wetlands permit requirements. Trans Energy, Inc. , 14-117 (N.D.W.Va.),
COG owned the minerals under four leases in Reeves County, Texas executed between 2005 and 2014. Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. But more than minerals are released.
At the end of a four-week trial held in 2014, the jury found that ETP and Enterprise created a partnership to market and pursue a pipeline project and that Enterprise had failed to prove that it complied with its duty of loyalty. Enterprise Products Partners, L.P. , a case concerning Texas partnership law.
2014); Barker 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.
Anadarko E&P Onshore, No. 04-14-00903-CV , 2014 Tex. The Fourth Court of Appeals recently held that surface owners control the matrix of the underlying earth; thus, a surface owner can give permission to drill through the subsurface to an adjacent lease. In Lightning Oil Co. Lexis 8673 (Aug. Lexis 8673 (Aug.
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. The meaning of the word is hotly contested, the death of a lease potentially worth millions of dollars largely depending on the interpretation of a single conjunction.
District Court for the Western District of Louisiana held that a unit operator may not recover post-production costs from an unleased mineral owner’s share of production proceeds in Allen Johnson, et al. Chesapeake Louisiana, LP. [1] 2] The UMOs argued that La. Chesapeake Louisiana, LP. [1] 2] The UMOs argued that La. The UMOs argued that La.
On Thursday, a divided panel of the Texas Court of Appeals in Houston held that the 2014-2015 drop in oil prices is not a force majeure for purposes of general force majeure contractual protection. In TEC Olmos, LLC v. 01-16-00579, 2018 WL 2437449 (Tex. Houston May 31, 2018).
Can targeted advertising establish general jurisdiction over a foreign corporation? The Fifth Circuit had not addressed this issue until Frank v. P N K (Lake Charles) L.L.C., 18-31060, 2020 WL 288213 (5th Cir. But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases.
2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit split on this issue. Justice Ginsburg dissented, joined by Justices Breyer and Sotomayor. A hatch blew open and crushed his hand.
2014), another case involving an arbitration clause which incorporated the AAA rules and explicitly exempted certain claims from arbitration. Therefore, litigants and practitioners in the Fifth Circuit should continue to look to the Fifth Circuit’s decision for guidance in determining “who” decides whether a claim is arbitrable.
2014); Barker 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.
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.
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. The meaning of the word is hotly contested, the death of a lease potentially worth millions of dollars largely depending on the interpretation of a single conjunction.
In recent years, there has been an increase in the number of denials of applications to decommission offshore pipelines in place in a departure from the Bureau of Safety and Environmental Enforcement’s (“BSEE”) longstanding practices. And rarely, if ever, will the order identify a specific project involving the use of the SSRA at issue.
BlueStone primes the Court to resolve a Texas appellate court split regarding whether a lease provision requiring royalties to be paid based on “gross” profits or value received from the sale of oil and gas production nullifies an “at the well” valuation point elsewhere in a lease. NationsBank , 939 S.W.2d 2d 118, 120-21 (Tex. Chesapeake Expl.,
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. Chevron Pipe Line Co. Chevron Pipe Line Co. In Pacific Operators Offshore, LLP v. 207, 222 (2012).
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.
Smart Fabricators of Texas, LLC , 970 F.3d 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. Gilbert Sanchez, a welder-fitter employed by SmartFab, never went to sea on vessels.
Smart Fabricators of Texas, LLC , 970 F.3d 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. Gilbert Sanchez, a welder-fitter employed by SmartFab, never went to sea on vessels.
Mr. Lennie had worked for the pipe yard for a number of years, and 16 years after his retirement, in 2010, Mr. Lennie was diagnosed with lung cancer and died that same year. However, his surviving wife and children did not file suit against various pipe yard and oil company defendants until almost four years later – in January 2014.
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.
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.
On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”). 2015 SSM SIP Policy. 33840 (June 12, 2015). LAC 33:III.507.J.1.
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