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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

1] Operators face more BSEE inspections, Incidents of Non-Compliance (INCs), and civil penalties than ever before. See Island Operating Co., 186 IBLA 199 (2015). BSEE collected civil penalties in 22 cases in 2009, 26 cases in 2010, 30 cases in 2011, 31 cases in 2012, 42 cases in 2013, 53 cases in 2014, and 42 cases in 2015.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).

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Louisiana Supreme Court Denies Plaintiff’s Writ Application in a Move That Will Impact Oil & Gas Legacy Cases

The Energy Law

Previous Court Ruling In many cases alleging damage to property arising from historic oil and gas operations, the plaintiff was not the owner at the time of the alleged damage, but instead is the subsequent purchaser of the property at issue. In Eagle Pipe and Supply, Inc. Amerada Hess Corp. , 10-2267 (La. 10/25/11), 79 So.

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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)

The Energy Law

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. 2014-C-2592, 2015 La. The dispute arose out of the drilling and operation of two wells drilled in 1999. Hayes Fund , 2015 La. Kerr-McGee Rocky Mt.,

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A Rose by Any Other Name: Texas Court of Appeals Says Nuisance “Symptoms of Discomfort” Require the Same Proof of Causation as “Disease”

The Energy Law

In what may appropriately be called a “swing and a miss”, the Fourth Court of Appeals in San Antonio has rejected plaintiffs’ attempt to avoid the need for medical expert testimony in a toxic tort case by pleading damages for “symptoms of discomfort” instead of disease. 04-14-00650-CV, 2015 Tex. Marathon Oil Corp , et al., at Law No.

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The Supreme Court’s Adopted Amendments to the Federal Rules of Civil Procedure: A Welcome Emphasis on Cooperative Case Management and Cost-Effective Discovery

The Energy Law

On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. Pending Congressional review, the amendments will become law on December 1, 2015. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).

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U.S. Climate Change Litigation: 2020 Update

The Energy Law

Lawsuits against fossil fuel companies: Investor Fraud Lawsuits: The first category of climate change litigation alleges that oil and gas companies defrauded investors by falsely stating that the company had fully considered the risks of climate change regulation and had factored those risks into its business operations.

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