The Energy Law

MAY 6, 2016

In March 2016, the Louisiana First Circuit recognized the preemptive authority of state law to regulate and permit fracking. Now, the Colorado Supreme Court rendered two opinions on May 2, 2016 finding state law preempted local efforts to prohibit fracking. Colorado Oil and Gas Association , 2016 CO 29, P. City of Longmont v.

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The Energy Law

FEBRUARY 22, 2016

On February 9, 2016, the Supreme Court ordered that the Clean Power Plan Rule could not take effect until all of the legal challenges to it have been resolved – including a challenge in the Supreme Court, if that were to happen. The case is moving quickly. Circuit may rule in the Fall or Winter of 2016.

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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. Adm’r of E.P.A. CITGO Petroleum Corp., 3d 547, 549 (5th Cir. The EPA sought a penalty of $4,300 per barrel.

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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

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. The majority provided no written opinion. However, Judge Edith Jones wrote a thirty page dissent that strongly disagrees with the Court’s June 30 th ruling.

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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. See Appalachian Voices v. McCarthy , 989 F.

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The Energy Law

OCTOBER 6, 2016

13] On September 28, 2016, the Louisiana Third Circuit issued another opinion in XXI Oil & Gas v. Hilcorp I , the Louisiana Third Circuit Court of Appeal found that a unit operator was subject to La. s penalty provision when it failed to provide a 103.1 2] In its decision, the Third Circuit did not examine the question of whether La.

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The Energy Law

MARCH 28, 2017

of natural gas in future cases. of natural gas in future cases. 2016-C-2181 (2017). [2] 9/28/2016), 2016 WL 5404650 [3] See id. [4] 2016 WL 1179206 (W.D. La 2016) (finding that only unleased mineral owners are entitled to 103.1 in situations where they fail to provide adequate reporting. [3]

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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

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

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 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

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

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.

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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 It did not.”

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OilPro

AUGUST 6, 2024

national weighted average CO 2 marginal emission rate, year 2016 data) GHG Emission Effect Base Case One LiftPlus System replacing 1 ESP using 150 HP of continuous electricity – 150 HP = 111.9 It is the perfect system to use in late in life wells as its OPEX and CAPEX costs are significantly lower than ESPs and RRPs.

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The Energy Law

OCTOBER 15, 2020

2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented. In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No.

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The Energy Law

MAY 10, 2016

The drilling rig was lost in LaSalle Parish but D&D asserted that this case called for an extension of the concept of “where the damages were sustained” to include Concordia Parish, where D&D allegedly lost profits as a result of the loss of the rig. In D&D Drilling & Exploration, Inc. XTO Energy, Inc. , 2d 12, 18-19 (La.

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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

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.” If Corbello pressed the accelerator on “legacy” litigation, Eagle Pipe tapped the brakes. Amerada Hess Corporation , No. Sterling Sugars Inc.,

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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. Army Corps of Engineers v. In fact, last year, the Corps adopted a new rule modifying the definition of the scope of waters covered by the Clean Water Act. 33 CFR § 328.3(a)(3)

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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. In Pacific Operators Offshore, LLP v. 207, 222 (2012). 3d 542 (5th Cir.

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Drillers

MARCH 24, 2020

Production grew fast, and today, Nigeria pumps close to 2 million BPD, which makes it the largest producer of crude oil in Africa. Nigeria joined OPEC in 1971 before it even had its own state oil company. That was formed in 1977 under the name National Nigeria Petroleum Company. According to its OPEC file , the West African nation is home to 36.97

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The Energy Law

OCTOBER 15, 2020

2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented. In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No.

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Oil and Gas Investments

NOVEMBER 27, 2024

POTENTIALLY DISRUPTIVE LOW COST ECONOMICS IS A WINNER FOR FARMERS & INVESTORS Brazil Is Fastest Growing Potash Market But Imports 98% of It! A few weeks ago, Brazil Potash got a big endorsement from an unusual place its BIGGEST competitor. Brazil Potash is an up-and-coming potash producer with a mine under construction in Brazil. CHA CHA CHA!

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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] 1] Juliana v. For the purposes of this motion, those facts are undisputed.

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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. Instead, such revocation remains vested with Congress.

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