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

The Energy Law Blog

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.),

E&P 40
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Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

The Energy Law Blog

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

E&P 40
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Texas Court of Appeals Rules on Permission Needed for Off-Lease Horizontal Drilling

The Energy Law Blog

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.

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Fifth Circuit Rules “Approximate Physical Presence” is Required for General Personal Jurisdiction

The Energy Law Blog

P N K (Lake Charles) L.L.C., Can targeted advertising establish general jurisdiction over a foreign corporation? The Fifth Circuit had not addressed this issue until Frank v. 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.

E&P 40
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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law Blog

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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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law Blog

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.