The Energy Law

APRIL 25, 2016

On April 21, 2016 the United States Court of Appeals for the Sixth Circuit denied several petitions for rehearing en banc a Sixth Circuit panel decision that looked at which courts (federal district court or federal courts of appeal) have original jurisdiction to hear challenges to the EPA’s Clean Water Rule.

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The Energy Law

FEBRUARY 22, 2016

EPA cannot require electricity generation to be shifted from coal-burning units to units that use natural gas or renewable energy sources without a clear statement from Congress. EPA also cannot require electricity generation to be shifted from coal-burning units to units that use other energy sources as a pollution control technology.

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The Energy Law

MAY 26, 2016

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. 2:08CV00893, 2016 WL 1158075, at *4 (W.D. CITGO filed an appeal of the ruling with the Fifth Circuit on May 4, 2016. See Environmental Enforcement Results for 2015 , 2015 ABA Env’t Energy, & Resources L.:

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The Energy Law

OCTOBER 6, 2016

in TDX Energy, LLC v. 5] Similar to XXI Oil & Gas I , TDX Energy involved a claim by a non-operating working interest owner that it was entitled to 103.1 13] On September 28, 2016, the Louisiana Third Circuit issued another opinion in XXI Oil & Gas v. 1] See TDX Energy, LLC v. 2016 WL 1179206 (W.D.

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The Energy Law

MARCH 28, 2017

of natural gas in future cases. Hilcorp Energy Co., 2016-C-2181 (2017). [2] Hilcorp Energy Co., 9/28/2016), 2016 WL 5404650 [3] See id. [4] 4] See TDX Energy, LLC v. 4] See TDX Energy, LLC v. 2016 WL 1179206 (W.D. La 2016) (finding that only unleased mineral owners are entitled to 103.1

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The Energy Law

MARCH 3, 2017

Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., Fish and Wildlife Service, et al.

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The Energy Law

APRIL 10, 2017

In a breach of contract case involving the overlay of intellectual property and contract law, Luv n’ care, Ltd, a global leader in the design and sale of baby products, filed suit against its former distributor, Groupo Rimar, a.k.a. Suavinex, S.A. On appeal, the Fifth Circuit reversed in a unanimous opinion. Luv n’ care, Ltd.

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The Energy Law

MAY 12, 2016

On May 4, 2016, environmental groups sued the U.S. McCarthy , Case No. In that case, the parties eventually settled, and EPA agreed in a consent decree to finalize RCRA Subtitle D coal ash regulations by a certain date. The lawsuit is styled as Environmental Integrity Project, et al. 1:16-cv-00842-JDB, and was filed in the U.S.

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

JUNE 21, 2016

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc.

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The Energy Law

MARCH 3, 2016

Since this blog’s post on production in paying quantities on January 26, 2016 , the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., 50,300-CA (La. Firstly, the decision reaffirms that extraordinary, nonrecurring expenses are not operating expenses.

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

NOVEMBER 20, 2015

Sentencing is scheduled in Mobile, Alabama, for February 11, 2016. One important take-away from this case is that the investigation, commitment of resources and prosecution of MARPOL criminal cases remains a high priority with the United States Coast Guard and the United States Department of Justice.

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The Energy Law

MAY 10, 2016

XTO Energy, Inc. , D&D”) filed suit in the Seventh Judicial District Court of Concordia Parish against XTO Energy, Inc. (“XTO”), would not extend venue to Alliance, Pritchard, or James River, even if they were joint or solidary obligors of XTO, “because the article that governs venue in the case of joint and solidary obligors, La.

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The Energy Law

FEBRUARY 5, 2016

On February 1, 2016, a federal district court issued a ruling in Moore v. 2016) , with important implications for “legacy” lawsuits in Louisiana. 3) should be limited to those cases in which a landowner has an express contract-based claim for additional remediation. Denbury , — F.3d

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OilPro

AUGUST 6, 2024

OilPro distributes LiftPlus Energy Solutions in conventional and SAGD applications. Other: Gas Lift (GL); Plunger Lift (PL) LiftPlus Energy Solutions developed the “4th” option, a hybrid system that combines some of the best of each of the above system principles. LiftPlus is a unique, proven artificial lift system.

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The Energy Law

MAY 26, 2023

Plaintiffs alleged that despite advance knowledge of the likelihood for significant downstream flooding, SRA-L decided to open spillway gates freeing water from the reservoir into the Sabine River to alleviate elevated reservoir volumes from a cataclysmic rain storm in March of 2016.

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The Energy Law

OCTOBER 15, 2020

The Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) recently issued a proposed rule on Risk Management, Financial Assurance and Loss Prevention (“Proposed Rule”), which was published in the Federal Register on October 16, 2020 and is now open for public comment.

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The Energy Law

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.

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The Energy Law

AUGUST 18, 2016

Parts 192 and 195 (2016). In both cases, the prior owner or operator allegedly had not followed the proper procedure for abandoning a pipeline, specifically regarding purging the pipeline of hazardous material. This clarification comes after a number of leaks in 2014 and 2015 from pipelines that were believed to be “abandoned.”

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The Energy Law

JUNE 1, 2016

15-290, 2016 WL 3041052 (U.S. May 31, 2016). In this case, a company, Hawkes, was interested in purchasing land in northern Minnesota to mine peat. Thus, JDs in both cases have practical legal consequences. Army Corps of Engineers v. JDs are binding for five years.

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The Energy Law

AUGUST 19, 2020

The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations. The Court also distinguished Valladolid and another case cited by Chevron, Baker v. The jury found there was. Gulf Island Marine Fabricators, L.L.C. ,

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The Energy Law

JUNE 14, 2016

For more information on how the subsequent purchaser doctrine has been applied in legacy cases, click here.) Yesterday, (June 13, 2016), the First Circuit denied the writ “on the showing made.” Thus, the “subsequent purchaser doctrine” has become a key defense for mineral lessee defendants in legacy litigation. Sterling Sugars Inc.,

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The Energy Law

OCTOBER 15, 2020

The Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) recently issued a proposed rule on Risk Management, Financial Assurance and Loss Prevention (“Proposed Rule”), which was published in the Federal Register on October 16, 2020 and is now open for public comment.

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Oil and Gas Investments

NOVEMBER 27, 2024

Following that, they will receive a mining concession from the Brazilian Ministry of Mines and Energy. The preliminary environmental license was awarded in 2016, but then left in limbo for the following 6 years while objections went through the courts to decide if all aspects of the license had been done in compliance.

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The Energy Law

FEBRUARY 27, 2017

CFTC Time-Limited No-Action Relief The CFTC’s final margin rules for non-cleared swaps were published in January 2016, and require swap dealers to collect and post variation margin with each counterparty that is a swap dealer, major swap participant or financial end user. [3] 6, 2016). [4] 4] CFTC Letter No. 17-11 is available here. [5]

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The Energy Law

JULY 28, 2017

The USFWS’ critical habitat designation was upheld by Judge Feldman in the Eastern District of Louisiana in 2014, affirmed by a 2-1 decision in the Fifth Circuit Court of Appeals in 2016, and denied an en banc rehearing by an 8-6 vote of the Fifth Circuit in February 2017.

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The Energy Law

JANUARY 31, 2017

On November 10, 2016, Judge Ann Aiken, a federal district judge in Oregon, issued a remarkable environmental law decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right. [1] Unsurprisingly, the case has generated significant media interest. 1] Juliana v. 23] Yahoo!

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The Energy Law

MARCH 2, 2016

On February 25, 2016, the EPA proposed revisions to its Risk Management Program (RMP) rule. This is especially true given that EPA recently added “Reducing Risks of Accidental Releases at Industrial and Chemical Facilities” as a new National Enforcement Initiative starting on October 1, 2016. Click here to see the proposed rule.

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The Energy Law

APRIL 2, 2019

The case stems from Executive Orders issued under the Obama Administration in 2015 and 2016 which withdrew certain areas in the Arctic and Atlantic regions from exploration and development under the offshore oil and gas leasing program. Trump , 3:17-00101.

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