The Energy Law

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. This raises a dire warning to defendants in cases involving subrogated claims.

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The Energy Law

MAY 10, 2019

2018-CC-0735 (La. Simmons , 2018-0735, p. On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the collateral source rule in personal injury lawsuits. In Simmons v. Cornerstone Investments, LLC, et al.

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The Energy Law

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

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. 9/22/10); 48 So. 3d 341, 342-43.

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The Energy Law

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. Lyon Well #1.

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The Energy Law

JULY 27, 2023

The Third Circuit’s opinion in this case is the culmination of a year-and-a-half-long discovery dispute. 6/28/23), –So. 3d–, whereby the court affirmed the trial court’s discretion to deny the plaintiffs’ demand for control over the defendant’s e-discovery protocols. ​The

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The Energy Law

APRIL 2, 2019

Ruby’s participation in desegregation followed the 1954 Supreme Court case Brown v. Board of Education. Ferguson at its 2018 program with the founders of the Plessy & Ferguson Foundation. Board overturned the 1896 decision Plessy v. Ferguson , unanimously ruling that racial segregation was unconstitutional.

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The Energy Law

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

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

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. 1/9/20), cert. denied (11/4/20).

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The Energy Law

JANUARY 12, 2018

1/9/2018), the U.S. Shortly after the consolidation motion was granted, Mobil Oil (who was a named defendant in Bottley , not Lester ) removed both cases under CAFA, arguing that the consolidation of Bottley and Lester constituted a newly commenced “mass action.” In Warren Lester, et al. Exxon Mobil Corp., 14-31383, F.3d 3d (5th Cir.

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The Energy Law

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

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

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.

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The Energy Law

NOVEMBER 12, 2020

Despite the successful opening of the succession with administration in 2006, the Succession did not file suit against Defendants, including adjacent landowners and various oil and gas companies, for unpaid royalties, fraud and violations of LUTPA until 2018. A copy of the Third Circuit’s decision can be found here. and Texaco, Inc.

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The Energy Law

JANUARY 24, 2018

On January 22, 2018, the United States Supreme Court granted review of the Petitioner’s writ of certiorari in Weyerhaeuser Co. This Supreme Court case will be closely monitored by many legal scholars and attorneys because of the opportunity the Supreme Court has to revisit the Chevron deference doctrine. Fish and Wildlife Service , No.

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The Energy Law

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 (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

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 (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

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. 11] Additionally, they relied on Belgarde v.

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The Energy Law

JANUARY 9, 2018

8, 2018). The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. 16-30217 (5th Cir.

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The Energy Law

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

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

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. 1/9/20), cert. denied (11/4/20).

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The Energy Law

JUNE 20, 2023

In this case, Tongli Shipping Pte. Bunge”) in 2018; Bunge subsequently voyage chartered the vessel to ADM International Sarl (“ADM”). Property is defined broadly and includes traditional maritime assets, but also other tangible and intangible assets, including bank accounts, accounts receivable, and debts.

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The Energy Law

MARCH 8, 2018

With Norwegian Cruise Line’s announcement of a new 4,000-passenger vessel to homeport in New Orleans in 2018, those numbers should easily be exceeded. It will be interesting to follow where this case ends up, as there is significant disagreement among various industry interests concerning interpretation and scope of the Jones Act.

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The Energy Law

MAY 26, 2016

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. The result is consistent, however, with the EPA’s 2014-2018 Strategic Plan of focusing on large cases, and its recent pattern of pursuing fewer enforcement actions with larger resolutions. CITGO Petroleum Corp., Year in Rev.

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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. 20-30224 (5th Cir.

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The Energy Law

NOVEMBER 12, 2020

Despite the successful opening of the succession with administration in 2006, the Succession did not file suit against Defendants, including adjacent landowners and various oil and gas companies, for unpaid royalties, fraud and violations of LUTPA until 2018. A copy of the Third Circuit’s decision can be found here. and Texaco, Inc.

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The Energy Law

APRIL 25, 2018

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. On April 20, 2018, it reversed a decision of the United States Court of Federal Claims (“Claims Court”), which had held the U.S.

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The Energy Law

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. 11] Additionally, they relied on Belgarde v.

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The Energy Law

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

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

JANUARY 24, 2018

23, 2018). Instead, according to the Ninth Circuit, the references to nonpecuniary damages in Miles had been given too much weight when the case itself really concerned the specific availability of loss of society damages (a type of nonpecuniary remedy with its own storied and arcane history). Dutra Group , No. 15-56775 (9th Cir.

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The Energy Law

DECEMBER 4, 2017

This extension delays the implementation of the most problematic procedures of the DOL Fiduciary Rule, which had been previously set to take effect on January 1, 2018. 1] The announcement was made on November 29, 2017.

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The Energy Law

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

MARCH 27, 2020

In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. Thus, logistical and economic difficulties brought about by COVID-19 may not qualify as a force majeure—without more. In William Roley Glover v. McAllister , 2 Rob. (La.) See TEC Olmos v.

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The Energy Law

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] 2] Earlier versions of the rules and releases were published April 18, 2018. [3] 3] It is effective immediately.

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