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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. In addition, NWP-12 expressly authorizes the construction of access roads for the construction and maintenance of “utility lines,” with certain limitations. 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. Estis Well Service , 768 F.3d 3d 382 (5 th Cir. Apex Marine, 498 U.S.

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All or Nothing: Regulators Strictly Define Pipeline Abandonment

The Energy Law

This clarification comes after a number of leaks in 2014 and 2015 from pipelines that were believed to be “abandoned.” Each status invokes a certain procedure for safety and maintenance of the pipelines by the owner or operator. These pipelines are subject to all safety and maintenance requirements for “active” pipelines.

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Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

The Energy Law

2014) (en banc). In reaching its decision, the Ninth Circuit was required to distinguish the recent en banc Fifth Circuit McBride decision, which reached the opposite conclusion in 2014. The Court’s reasoning hinged largely on the fact that both punitive damages and maintenance and cure predated passage of the Jones Act.

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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. While the long-term fallout from the recent decline in oil prices and the COVID-19 pandemic remains unclear, it is clear that drilling activity has already started to decline.

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Proposed Railroad Rules May Impact Crude Oil Producers: Proposed DOT/PHMSA Oil Tank Car Rules

The Energy Law

1, 2014) (comments are due on September 30, 2014). Finally, the agency acknowledges that rail carriers are likely to pass on additional fees to the shippers as a result of increased fuel and track maintenance required by the added weight of new or retrofitted tank cars. See 79 Fed. 45,016 (Aug.

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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. 2008), and a 2014 decision, in which the D.C. Johnson , 551 F.3d 3d 1019 (D.C. EPA , 749 F.3d 3d 1055 (D.C.