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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2. 3d 1038 (“ LL&E I ”) marked a key development.

E&A 105
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LNG Facilities Facing Environmental Challenges

The Energy Law

Army Corps of Engineers to Driftwood LNG – a liquefied natural gas (LNG) export terminal under construction near Lake Charles. 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. 717r(d)(1)). [2]. 717r(d)(1)). [2].

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EPA’s Denial of Louisiana’s Revised SIP

The Energy Law

On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. To comply with the 2015 SIP Call rule, Louisiana had proposed revising its SIP by removing LAC 33:III.2201.C.8,

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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2. 3d 1038 (“ LL&E I ”) marked a key development.

E&A 52
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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

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. 1442(a)(1). In City of Oakland et al. 1442(a)(1). 1442(a)(1).

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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law

2] Justice Kennedy’s concurrence disagreed, stating that the Army Corps of Engineers (Corps) must establish a significant nexus between wetlands and adjacent non-navigable tributaries on a case-by-case basis if the wetlands were to be regulated. [3] Supreme Court decision in Sackett v. United States , 547 U.S.

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