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Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

The Energy Law

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.

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Strong Dissent Warns of “Devastating Economic Repercussions” of Second Circuit’s Decision in Oil & Gas Case

The Energy Law

[T]he opinion will have a most chilling effect on the financing of oil and gas operations, which in turn will have an adverse economic effect on government and business in our state. The defendants will have until September 7, 2017 to seek a writ from the Louisiana Supreme Court. Chief Judge Henry Brown, Jr.,

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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

The district court agreed and dismissed those charges, after which the government appealed. Earlier this week, the Fifth Circuit ruled against the government finding that contractors cannot criminally violate these OCSLA regulations. The government appealed. United States v. Moss, et al , No. 16-30561 (5th Cir. 250.146(C).

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Nigeria Oil Industry Overview

Drillers

Recently, the Nigerian government demanded more than $60 billion in back royalties under a production sharing agreement with the supermajors operating in the country. The government has been fighting the illicit refineries for years. The government had little choice but to try and negotiate peace with the militants.

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Delaware Corporations Can Rely On Federal Forum Provisions for ’33 Act Claims

The Energy Law

With the plaintiff favorable ruling in Cyan , corporations faced an escalation of ’33 Act claims in state court and became more vigilant about including exclusive federal forum provisions in their governance documents. 2017-0931-JTL, 2018 WL 6719718 (Del. Salzberg. [2] 1] Cyan, Inc. Beaver Cty. Fund , 138 S. 1061 (2018). [2]

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OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

The Energy Law

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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False Claims Act Relators Be Warned: Rule 54’s Taxable Costs Award Lies Ahead for the Overeager Relator

The Energy Law

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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