The Energy Law

APRIL 6, 2017

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. Defendants Chesapeake Operating, LLC, Devon Energy Production Co., In Sierra Club v.

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The Energy Law

SEPTEMBER 16, 2014

Trans Energy, Inc. , The Trans Energy settlement shows that exploration and production (E&P) companies need a rigorous compliance strategy for wetlands permit requirements. The most recent versions of the NWPs were reissued in 2012, and they will be valid for five years, until March 18, 2017. 14-117 (N.D.W.Va.), See 77 Fed.

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E&P Energy Energy Utilities 40

The Energy Law

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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Management Casing Operator Petroleum 40

The Energy Law

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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Casing Education IT 52

The Energy Law

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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Manufacturing Casing E&A Maintenance 52

The Energy Law

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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Casing E&A IT Education 40

The Energy Law

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

OCTOBER 4, 2018

Although the recent Haynesville production increases are a positive sign for the Louisiana energy industry, the August 2018 daily production average is still below the previous Haynesville peak production average, which was 7.403 billion cubic feet per day in January 2012. For example, in Alyce Gaines Johnson Special Trust v.

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Gas Exploration and Production E&P E&A 52

The Energy Law

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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Finance Utilities Gas Natural Gas 59

The Energy Law

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. A prior article posted on The Energy Law Blog discussing the Petitioner’s writ of certiorari is available here ). Tammany Parish. (A

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The Energy Law

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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Management Casing E&A Oil 40

The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. XTO Energy, Inc. , [1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. 2] 2017 WL 3261113 (W.D.

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Operator IT E&A Casing 52

The Energy Law

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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Offshore Finance Education Casing 52

The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. XTO Energy, Inc. , [1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. 2] 2017 WL 3261113 (W.D.

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Operator IT E&A Casing 52

The Energy Law

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.

Education 40

Education Casing IT 40

The Energy Law

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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Casing E&A Petroleum IT 40

The Energy Law

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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Oil Gas Basin E&A 52

The Energy Law

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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Pipeline Casing IT E&A 52

The Energy Law

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. Hilcorp Energy Co., 2016-C-2181 (2017). [2] Hilcorp Energy Co., 4] See TDX Energy, LLC v. Terra Energy, Ltd., 16-269 (La.

Oil 40

Oil Gas Operator Natural Gas 40

The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. XTO Energy, Inc. , [1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. 2] 2017 WL 3261113 (W.D.

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The Energy Law

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

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

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.

Transportation 40

Transportation E&A Barrel Education 40

The Energy Law

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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Oil Gas Basin Exploration and Production 40

The Energy Law

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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E&A Casing Education Government 40

The Energy Law

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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IT Casing Operator Education 40

The Energy Law

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

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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Pipeline Casing IT Oil 40

The Energy Law

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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Upstream Natural Gas Oil Gas 40

The Energy Law

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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Royalty Oil Gas E&A 40

The Energy Law

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] EP Energy E&P Co., Axis Energy, Corp. 8 (citing La.

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Royalty E&P Exploration and Production Operator 40

The Energy Law

SEPTEMBER 29, 2017

In 2010, Black Elk Energy Offshore Operations, LLC (“Black Elk”) owned and operated a production facility on the West Delta 32 Lease Block located in the Gulf of Mexico. Jewell , a related case which is presently stayed pending resolution of United States v. United States v. Moss, et al , No. 16-30561 (5th Cir.

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Offshore Government Operator IT 40

The Energy Law

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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Government E&A Finance Education 40

The Energy Law

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

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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Insurance Casing Operator Finance 40

The Energy Law

SEPTEMBER 28, 2022

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]

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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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