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

The Energy Law

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.), See 77 Fed. 10184 (Feb.

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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. In contrast to unseaworthiness, there was an historical record of punitive damage awards in the maintenance and cure context. Justice Ginsburg dissented, joined by Justices Breyer and Sotomayor. 3d 382 (5 th Cir.

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Louisiana Second Circuit Provides Guidance as to Good Faith Required When Conducting Operations Necessary to Interrupt Prescription of Mineral Servitude

The Energy Law

During this downturn in activity, mineral rights owners must remain cognizant of the maintenance activities necessary to preserve their mineral rights. Cannisnia Plantation, LLC v. The mineral servitude was created on June 28, 1996, and the mineral servitude owner made no effort to exercise the mineral rights for more than nine years.

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EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana

The Energy Law

In 2016, with EPA approval, Louisiana finalized its SIP revisions eliminating provisions that allowed for automatic and discretionary exemptions from emission limitations during startup, shutdown, maintenance, and malfunctions. 2015 SSM SIP Policy. 33840 (June 12, 2015). While published as a final rule, the 2015 SSM SIP Policy was nonbinding.