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The first five Plaquemines Parish Coastal Zone Management Act (“CZMA”) cases to be set for trial have been chosen. In the other sixteen Plaquemines Parish CZMA cases, the parties have agreed to suspend all discovery deadlines whilethey prepare Rozel , ConocoPhillips , Hilcorp , Equitable , and Helis for trial. Parish of Plaquemines v.
In compliance with that obligation, MRC created a drilling schedule listing June 2, 2017 as the spud date of a new well based on its belief that the deadline to spud that well was June 19, 2017. The actual deadline, however, was May 21, 2017.
Kelly moved for partial summary judgment against Aethon, citing a December 15, 2017 letter and April 17, 2018 letter as satisfying the requirements of La. The district court made this ruling despite the fact that the December 15, 2017 letter closely tracked the language of La. respectively. 30:103.1.”.
That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.
a case concerning Texas partnership law. Last week the Texas Supreme Court granted review in Energy Transfer Partners, L.P. Enterprise Products Partners, L.P. , Energy Transfer Partners has garnered significant amicus support on both sides of the “v.” and has been closely followed by the energy industry.
On April 4, 2017 , a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. LP, and New Dominion, LLC moved to dismiss the case on several grounds. In Sierra Club v.
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., The Defendants likely next step is to file a petition for writ of certiorari in hopes to have the United States Supreme Court hear their case.
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.,
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
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. ,
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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., 117 (2014). [4]
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.
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.
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.
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.
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.
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. ,
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.
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.
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.
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.
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.
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.
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.
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.
In the seminal case Save Ourselves, Inc. The public trust doctrine, which is enshrined within the Louisiana Constitution, requires environmental protection “insofar as possible and consistent with the health, safety, and welfare of the people.” Env’tl Control Com’n , 452 So. 2d 1152, 1156 (La. 14, 2022). [3] 24, 2022), [link]. [4]
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.
SELF-EDUCATING ON SELF-DRIVING My introduction to self-driving cars came from a deep-dive into what became a portfolio holding, Arteris (AIP – NASDAQ). The OEM doesn’t design the whole car, and Arteris doesn’t design the whole chip, but they are a key piece of the final product (in this case the semiconductor).
On March 15, 2017, the BLM filed a motion to continue argument and hold in abeyance an appeal before the Tenth Circuit where the parties were contesting the validity of the BLM’s rule regulating “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands” (“BLM Fracking Rule”).
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. President Trump issued an Executive Order in 2017 which revoked the Obama withdrawals.
7] When President Trump took office in January 2017, he promptly issued a Presidential Memorandum formally inviting TC to again re-submit its application. [8] 8] This time, the permit was approved within two months, on March 23, 2017. [9] The outcome of this case could have a significant impact on his strategy going forward. [1]
When President Trump took office in January 2017, he promptly issued a Presidential Memorandum formally inviting TC to again re-submit its application. [8] 8] This time, the permit was approved within two months, on March 23, 2017. [9] The outcome of this case could have a significant impact on his strategy going forward. [1]
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