The Energy Law Blog

JULY 3, 2017

The Parish of Plaquemines amended its petitions in two of the Coastal Zone Management Act (“CZMA”) cases on June 19, 2017. Prior to the amendment of the petitions, Judge Clement sustained Defendants’ Exceptions of Vagueness in the two cases, namely: The Parish of Plaquemines v. Rozel Operating Co.,

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The Energy Law Blog

MARCH 3, 2017

On February 13, 2017, the U.S. 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 Blog

MARCH 20, 2019

The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. Supreme Court granted certiorari in this case. 2017) and Lindstrom v. VI) , 873 F.3d

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The Energy Law Blog

SEPTEMBER 8, 2017

Had the Court of Appeals granted the writ, the district court’s decision would have been reversed and the upcoming test-case trial would have been stopped for lack of jurisdiction and venue. While the Court ultimately denied the writ, it did so in a way that advanced the defendants’ case. In re: DePuy Orthopaedics, Inc. ,

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The Energy Law Blog

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 2017-1144 (La.

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The Energy Law Blog

MARCH 8, 2018

million cruise passengers in 2017. In November 2017, OMSA and the Shipbuilders Council of America filed suit against Customs and Border Protection (the principal agency charged with enforcing U.S. The Port set a new record, topping 1.1 Mr. Smith discussed the Jones Act and its importance to their industry.

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The Energy Law Blog

JUNE 28, 2018

John the Baptist), removing the cases to federal court. In connection with the removals, on May 25, 2018, Defendants filed a Motion for Coordinated Pretrial Proceedings with the Judicial Panel on Multidistrict Litigation asking the Panel to coordinate pretrial proceedings in all 42 federal cases before a single judge. Bernard, and St.

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The Energy Law Blog

DECEMBER 4, 2017

1] The announcement was made on November 29, 2017. The “Impartial Conduct Standards” went into effect on June 9, 2017. 1] The DOL first unofficially disclosed the extension in a brief filed in a Minnesota lawsuit on August 9, 2017.

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Producer's Edge

NOVEMBER 1, 2024

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

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Navigate Power

FEBRUARY 6, 2025

This can include securing competitive energy rates, analyzing energy usage, and, in some cases, offering sustainability options such as green energy credits. 550 on the 2017 and no. Energy consultants primarily work with businesses to help them find cost-effective energy solutions. 856 on the 2018 Inc.

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The Energy Law Blog

AUGUST 3, 2021

The acid gas removal unit was installed by the owner of the methanol plant and placed in service on January 1, 2017, from which time the separated carbon dioxide was released into the atmosphere.

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The Energy Law Blog

OCTOBER 4, 2018

The second major increase began in early 2017 and continues through today. In that case, the plaintiff-lessors argued, the lease should be rescinded based on their error. The first began in early 2009 with average daily Haynesville production surpassing 1 billion cubic feet per day for the first time in June of that year.

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The Energy Law Blog

JANUARY 24, 2018

In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”) designation of private land in St. Tammany Parish, Louisiana as “critical habitat” for the endangered dusky gopher frog.

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The Energy Law Blog

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 2017-1144 (La.

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The Energy Law Blog

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” 2] 2017 WL 3261113 (W.D. July 28, 2017). and the penalty imposed in La.

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The Energy Law Blog

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” 2] 2017 WL 3261113 (W.D. July 28, 2017). and the penalty imposed in La.

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The Energy Law Blog

FEBRUARY 3, 2021

When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2. DBR sued Tier 1 and the mineral owners in September 2017, asserting its right to develop Section 2. Thus, the entire case hinges on the power of the conjunction “and” to conjoin two noncontiguous sections into a single tract.

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The Energy Law Blog

SEPTEMBER 29, 2020

As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 9] Carey v.

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The Energy Law Blog

SEPTEMBER 16, 2014

The most recent versions of the NWPs were reissued in 2012, and they will be valid for five years, until March 18, 2017. The Louisiana Department of Environmental Quality has issued water quality certification (PDF) for NWP-12 without conditions, but it will issue such certification for NWP-39 only on a case-by-case basis.

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The Energy Law Blog

JANUARY 27, 2020

But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state. 1549 (2017). P N K (Lake Charles) L.L.C., Brown , 564 U.S.

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The Energy Law Blog

SEPTEMBER 20, 2017

12, 2017), the relators appealed the district court’s grant of summary judgment as well as the court award of $232,809.92 Taxable costs may include discovery expenses, e.g., copying, transcripts, that were incurred for “use in the case.” In John King, et al v. Solvay Pharmaceuticals, Inc., 16-20259 (5th Cir.

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The Energy Law Blog

NOVEMBER 12, 2020

The appellate court rejected the Succession’s argument that, since the administratrix did not personally learn about oil and gas activity on the property until 2017, the claims were timely, recognizing that her personal knowledge was irrelevant since she was appearing in a representative capacity only.

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The Energy Law Blog

JANUARY 10, 2020

On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently took action against a maritime employer for allegedly retaliating against a seaman who cooperated with the Coast Guard in connection with its investigation of a maritime casualty.

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The Energy Law Blog

MAY 5, 2021

There are few cases interpreting these statutes. Plaintiff further argued that Miller was inapplicable because the unleased owner in that case “simply demanded the operator identify whatever interest the owner may have in any of the operator’s units.” 2] 2017 WL 3261113 (W.D. July 28, 2017). and the penalty imposed in La.

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The Energy Law Blog

FEBRUARY 3, 2021

When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2. DBR sued Tier 1 and the mineral owners in September 2017, asserting its right to develop Section 2. Thus, the entire case hinges on the power of the conjunction “and” to conjoin two noncontiguous sections into a single tract.

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The Energy Law Blog

MAY 31, 2017

Tyrrell (May 30, 2017), declined to allow a personal injury plaintiff to sue a railroad company in a state in which the railroad does business but is not incorporated or headquartered. The United States Supreme Court, in BNSF Railway Co. In BNSF Railway Co. , Again, the United States Supreme Court disagreed.

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The Energy Law Blog

SEPTEMBER 29, 2020

As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 9] Carey v.

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The Energy Law Blog

MARCH 28, 2017

On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. of natural gas in future cases. 2016-C-2181 (2017). [2] 1] The Third Circuit’s decision involved the interpretation of Louisiana’s well cost reporting regime under La. 16-269 (La.

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The Energy Law Blog

JUNE 13, 2017

9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially liable third party. In Settoon Towing, L.L.C. Marquette Transportation Company, L.L.C. ,

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The Energy Law Blog

APRIL 4, 2019

In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. Notably, this new program is based on an audit policy agreement that EPA negotiated in 2017 with Range Resources, after it acquired numerous oil and gas assets in Louisiana.

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The Energy Law Blog

MARCH 19, 2020

Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. 2017-0931-JTL, 2018 WL 6719718 (Del. Salzberg. [2] The Supreme Court also reaffirmed the proper scope of the internal affairs doctrine under Delaware law. [1] 1] Cyan, Inc. Beaver Cty.

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The Energy Law Blog

NOVEMBER 12, 2020

The appellate court rejected the Succession’s argument that, since the administratrix did not personally learn about oil and gas activity on the property until 2017, the claims were timely, recognizing that her personal knowledge was irrelevant since she was appearing in a representative capacity only.

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The Energy Law Blog

JUNE 12, 2017

On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities analysis under Louisiana Mineral Code article 124. [1] 1] The dispute in Gloria’s Ranch, L.L.C. Tauren Exploration, Inc.

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The Energy Law Blog

SEPTEMBER 29, 2017

Jewell , a related case which is presently stayed pending resolution of United States v. Earlier this week, the Fifth Circuit ruled against the government finding that contractors cannot criminally violate these OCSLA regulations. United States v. Moss, et al , No. 16-30561 (5th Cir.

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Drillers

MARCH 24, 2020

Still, in 2017 it changed tack and decided to legalise the facilities instead, bringing what many see as a flourishing business in fuel-starved Nigeria to the light. It will fall to courts to rule on this case, and it will take quite a while. The government has been fighting the illicit refineries for years.

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The Energy Law Blog

MARCH 30, 2017

1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. 31:59 (2017)). [24] Flat River Farms, L.L.C. , which governs notarial acts of correction: A. (1) b) The notary who actually prepared the act containing the error. [13] 13] See id.

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The Energy Law Blog

FEBRUARY 27, 2017

Prudential Regulators [1] and the European Supervisory Authorities (“ ESAs ”) [2] have offered limited relief from or guidance for relaxed enforcement of variation margin requirements for non-cleared swaps that take effect March 1, 2017. Prudential Regulator and ESA Regulatory Guidance The Prudential Regulators, which regulate many U.S.

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