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NRDA Settlement Reached for 2014 Galveston Bay Oil Spill

The Energy Law

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

Oil 52
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LNG Facilities Facing Environmental Challenges

The Energy Law

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].

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Force Majeure Clause Fails to Protect Oil and Gas Lessee From Mistakenly-Scheduled Deadline

The Energy Law

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.

Spud-in 98
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Supreme Court Punts on Important Arbitrability Question

The Energy Law

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.

Casing 76
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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners

The Energy Law

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.

Oil 98
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Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law

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.

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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy 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.