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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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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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Supreme Court Punts on Important Arbitrability Question

The Energy Law

The Supreme Court’s rare dismissal of a previously granted cert petition means that the justices have declined to reconsider the Fifth Circuit’s decision refusing to send the underlying dispute to arbitration. In the first instance, the Court considered who – the court or an arbitrator – decides whether the dispute must be arbitrated.

Casing 76
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Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

The Energy Law

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 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.