The Energy Law Blog

JANUARY 15, 2020

ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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The Energy Law Blog

APRIL 5, 2018

On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. 2701, et seq.

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The Energy Law Blog

OCTOBER 4, 2018

In August 2018, dry natural gas production from the Haynesville shale averaged 6.774 billion cubic feet per day, which is the highest daily Haynesville production average since September 2012 when production averaged 6.962 billion cubic feet per day. August 2018 was not an anomaly. El Paso E & P Co. , 2d 640, 641-43 (W.D.

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The Energy Law Blog

MAY 10, 2019

2018-CC-0735 (La. Simmons , 2018-0735, p. In Simmons v. Cornerstone Investments, LLC, et al. 5/8/19), the Court held the collateral source rule inapplicable to medical expenses charged above the amount actually paid by a workers’ compensation insurer pursuant to the workers’ compensation medical fee schedule. Simmons at 3-4.

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The Energy Law Blog

JUNE 28, 2018

On or about May 23, 2018, several Defendants in the Coastal Zone Management Act (“CZMA”) Litigation filed Notices of Removal in 42 lawsuits filed against 212 oil and gas companies by six different parishes (Plaquemines, Jefferson, Cameron, Vermilion, St. John the Baptist), removing the cases to federal court. Bernard, and St.

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The Energy Law Blog

APRIL 12, 2022

The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. The Lyon Well was leaking in 2018, which prompted the LDNR to task the current operator (Sandhill Production, Inc.) Thereafter, the LDNR intervened in the Litel case, seeking recovery of emergency costs from Pioneer and Gary. 30:80 et seq.

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The Energy Law Blog

JUNE 20, 2023

In this case, Tongli Shipping Pte. Bunge”) in 2018; Bunge subsequently voyage chartered the vessel to ADM International Sarl (“ADM”). On June 2, the U.S. Unlike arrest pursuant to Rule C ( in rem ), the property seized need not have an underlying connection to the plaintiff’s claim and need not be encumbered by a maritime lien.

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The Energy Law Blog

JANUARY 20, 2021

Yesterday, the United States Supreme Court heard oral arguments in the climate change lawsuit filed by the City of Baltimore in 2018 against energy companies. This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change.

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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. 20-30224 (5th Cir.

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The Energy Law Blog

NOVEMBER 6, 2020

Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. 1] 2018-1640 (La. Now, the penalties imposed by Acts 2015, No. 1/9/20), cert.

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The Energy Law Blog

JANUARY 31, 2023

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] Those limits were last increased in 2018 to $137,659,500 by the Bureau of Ocean Energy Management. [12]

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The Energy Law Blog

MARCH 19, 2020

In its March 2018 ruling in Cyan Inc. Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. In December 2018, the Delaware Chancery Court invalidated all three exclusive federal forum provisions. 1061 (2018). [2] 19, 2018). [3]

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The Energy Law Blog

JULY 18, 2018

In a unanimous opinion issued July 18, 2018 in Grace Ranch, LLC v. the Third Circuit not only provides yet another example of the uniform application of the doctrine in cases involving mineral rights under Louisiana law, but expressly and thoroughly rejects the numerous arguments on which plaintiffs-landowners have continued to rely.

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The Energy Law Blog

AUGUST 3, 2021

In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA). The issue in this case centered around the relationship between the federal eminent domain power afforded to a FERC certificate holder and the sovereign immunity rights held by a state. In PennEast Pipeline Co.

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The Energy Law Blog

APRIL 2, 2019

Ruby’s participation in desegregation followed the 1954 Supreme Court case Brown v. Ferguson at its 2018 program with the founders of the Plessy & Ferguson Foundation. While practicing at Liskow, Judge Jackson initiated the firm’s first formal celebration of Black History Month, a tradition which is now in its 15 th year.

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The Energy Law Blog

NOVEMBER 12, 2020

Moreover, as the petition in the 2006 succession proceedings demonstrated that the Succession was well aware of its potential claims back in 2006, and more than 12 years had passed between the pleading demonstrating this knowledge and the 2018 suit against Defendants—ample time to conduct discovery to further illuminate its claims.

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The Energy Law Blog

SEPTEMBER 29, 2020

While Bayou Bridge Pipeline, LLC (“BBP”) identified approximately 470 heirs to the title of the property, it began construction on the Defendant Landowners’ (“Defendants” or “Landowners”) property in June 2018 prior to receiving servitude agreements from each person having ownership interest. Bayou Bridge Pipeline, LLC v. James, Louisiana.

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The Energy Law Blog

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, LLC , 970 F.3d He worked day shifts and returned home every evening. 1349(b)(1).

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The Energy Law Blog

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, LLC , 970 F.3d He worked day shifts and returned home every evening. 1349(b)(1).

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The Energy Law Blog

JANUARY 20, 2021

Yesterday, the United States Supreme Court heard oral arguments in the climate change lawsuit filed by the City of Baltimore in 2018 against energy companies. This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change.

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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. 20-30224 (5th Cir.

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The Energy Law Blog

NOVEMBER 6, 2020

Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International. 1] 2018-1640 (La. Now, the penalties imposed by Acts 2015, No. 1/9/20), cert.

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The Energy Law Blog

MAY 26, 2016

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. allowing an $81 million judgment against the oil company to stand. Charles refinery. In the original judgment , U.S. million dollars.

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The Energy Law Blog

AUGUST 3, 2021

This third conclusion was important because the amount of the section 45Q tax credit was increased in 2018, meaning that the higher credit could be claimed by the investor and not the lower credit in place when the acid gas removal unit was placed in service.

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The Energy Law Blog

NOVEMBER 12, 2020

Moreover, as the petition in the 2006 succession proceedings demonstrated that the Succession was well aware of its potential claims back in 2006, and more than 12 years had passed between the pleading demonstrating this knowledge and the 2018 suit against Defendants—ample time to conduct discovery to further illuminate its claims.

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The Energy Law Blog

MARCH 31, 2020

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

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The Energy Law Blog

SEPTEMBER 29, 2020

While Bayou Bridge Pipeline, LLC (“BBP”) identified approximately 470 heirs to the title of the property, it began construction on the Defendant Landowners’ (“Defendants” or “Landowners”) property in June 2018 prior to receiving servitude agreements from each person having ownership interest. Bayou Bridge Pipeline, LLC v. James, Louisiana.

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The Energy Law Blog

MARCH 27, 2020

In all cases, the inquiry is likely to be fact-specific. Today, countries worldwide are responding to a pandemic of respiratory disease spreading from person-to-person caused by a novel coronavirus. The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). Black’s Law Dictionary (11th ed.

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The Energy Law Blog

JUNE 28, 2018

A mortgagee with a security interest in a mineral lease can’t be held liable for breaches of the lease In an opinion released June 27, 2018, the Louisiana Supreme Court reversed the finding that Wells Fargo was liable with the mineral lessees for the failure to release the mineral lease under Mineral Code articles 206 and 207.

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The Energy Law Blog

JUNE 13, 2019

The Fiduciary Release does not create any new duties, but “reaffirms, and in some cases clarifies, certain aspects of the federal fiduciary duty an investment adviser owes to its clients.” [3] 1] This Release is part of a package of new rules and interpretations adopted by the SEC on June 5, 2019. 3] It is effective immediately.

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The Energy Law Blog

MARCH 31, 2021

9] But, in November 2018, a federal district court enjoined the permit, holding that the State Department failed to adequately consider relevant information as required by the Administrative Procedure Act (APA) and National Environmental Policy Act (NEPA). [10] -Canada border in Montana. Constitution. Gulf Coast. 2015 aerial photograph.

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The Energy Law Blog

MARCH 31, 2021

9] But, in November 2018, a federal district court enjoined the permit, holding that the State Department failed to adequately consider relevant information as required by the Administrative Procedure Act (APA) and National Environmental Policy Act (NEPA). [10] -Canada border in Montana. Constitution. Background. Gulf Coast.

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