CJEU rules on validity of natural resources agreements
Global Energy
MARCH 20, 2018
On 27 February 2018 the CJEU issued its judgment in the Western Sahara Campaign case (Case C-266/16). In a short […]
2018 Casing IT 
E-Discovery Update: Louisiana Third Circuit Affirms Defendant’s Authority to Govern Its Own E-Discovery Protocols
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. The Louisiana Third Circuit recently affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. 6/28/23), –So.
IT 
98
98 Join 5,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy
The Energy Law
MAY 3, 2023
On August 20, 2018, Noble House’s yacht lost its port-side rudder while entering a channel in the Bahamas. Noble House purchased the policy from Underwriters by way of a Texas-based insurance broker in February 2018. This is the analysis the Court applied in the instant case of Noble House LLC v.
Insurance 98
98 
Louisiana Third Circuit Affirms that LDNR Can Only Recover Emergency Response Costs Under La. R.S. 30:93(A)(4) from the Operator of Record and its Working Interest Owners
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. 4/6/22), –So.
Operator 98
98 
Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case
The Energy Law
FEBRUARY 26, 2021
In 2018, Charles Steib (“Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Lamorak Ins. 20-0424 (La. Following the hearing, the trial court granted summary judgment and dismissed both Parsons and Marathon.
Casing 52
52 
United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements
The Energy Law
MARCH 17, 2022
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. In addition, the April 17, 2018 letter also closely tracked La. and sought to enforce the forfeiture penalty contained in La. respectively. because it did not expressly cite La.
Operator 98
98 
Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit
The Energy Law
JANUARY 2, 2020
In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). The Fifth Circuit is poised to resolve these jurisdictional issues in the upcoming year. Chevron USA, Inc.
Casing 40
40 
Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable
The Energy Law
JUNE 3, 2019
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. Thus, the Court concluded, removal predicated on the April 30, 2018 Rozel Report was untimely. 1292(b).
Casing 40
40 
Third Circuit Issues Long-Awaited Ruling in OPA Liability Case
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. as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. 2701, et seq.
Casing 40
40 
U.S. Climate Change Litigation: 2020 Update
The Energy Law
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. The majority of these cases have been brought under state nuisance laws.
Casing 52
52 
Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case
The Energy Law
FEBRUARY 26, 2021
In 2018, Charles Steib (“Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Lamorak Ins. 20-0424 (La. Following the hearing, the trial court granted summary judgment and dismissed both Parsons and Marathon.
Casing 40
40 
Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases
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. The court of appeal denied the plaintiff’s writ in a 2-1 decision. State , 03-1016 (La.
Casing 40
40 
The Coastal Zone Management Act Litigation Removed to Federal Court (Again)
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.
Management 40
40 
Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?
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.
Gas 52
52 
United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge to FERC Certificate Holder’s Condemnation of State-Owned Land
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.
Pipeline 59
59 
Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough
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. Bunge appealed.
Completion 98
98 
It’s Heating Up: United States Supreme Court Hears Arguments on Proper Jurisdiction for Climate-Change Lawsuit
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.
Casing 52
52 
Collaboration: Key to the first multicloud blockchain deployment
IBM: Oil & Gas
DECEMBER 2, 2019
We create software solutions for participants in the oil and gas supply chain — the producers, suppliers and retailers who move bulk liquids like crude oil, natural gas liquids and derivatives like natural gas, propane, butane and more. Why I am talking about solutions built on AWS on an IBM Blockchain blog?
Supply Chain 52
52 
United States Fifth Circuit Court of Appeals Finds That Louisiana Citizen Suit Legacy Claims Can be Heard in Federal Court
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.
Casing 52
52 
Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company
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. The Court based its assertion on Boerschig v.
Pipeline 52
52 
Delaware Corporations Can Rely On Federal Forum Provisions for ’33 Act Claims
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]
Government 40
40 Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test
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).
Casing 40
40 
Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test
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).
Casing 40
40 
Building a Successful Career In Energy Consulting – The Definitive Guide
Navigate Power
FEBRUARY 6, 2025
This can include securing competitive energy rates, analyzing energy usage, and, in some cases, offering sustainability options such as green energy credits. 856 on the 2018 Inc. Energy consultants primarily work with businesses to help them find cost-effective energy solutions. 550 on the 2017 and no.
Consulting 52
52 
Louisiana Third Circuit Affirms Dismissal of Royalty and Other Claims Based Upon Prescription
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.
Royalty 52
52 
It’s Heating Up: United States Supreme Court Hears Arguments on Proper Jurisdiction for Climate-Change Lawsuit
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.
Casing 40
40 
Louisiana’s Third Circuit (Again) Affirms the Applicability of the Subsequent Purchaser Doctrine to Mineral Leases
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.
Casing 52
52 
Liskow & Lewis Celebrates 15th Annual Black History Month Program with Ruby Bridges and Judge Brian Jackson
The Energy Law
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.
Education 52
52 
United States Fifth Circuit Court of Appeals Finds That Louisiana Citizen Suit Legacy Claims Can be Heard in Federal Court
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.
Casing 40
40 
Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage
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.
Engineer 40
40 
Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company
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. The Court based its assertion on Boerschig v.
Pipeline 40
40 
2023 Begins With Increased (or Unlimited) Liability for Vessel Owners
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]
Oil 98
98 
New Judge, Same Result – $81 Million CWA Civil Penalty Appealed
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. Adm’r of E.P.A. CITGO Petroleum Corp.,
Petroleum 40
40 
Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis
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. In Doiron , vessel owner Larry Doiron, Inc.
Oil 40
40 
FBA Provides Update on Maritime Developments in New Orleans and the Lower Mississippi River Region
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.
Offshore 52
52 Louisiana Third Circuit Affirms Dismissal of Royalty and Other Claims Based Upon Prescription
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.
Royalty 40
40 
New IRS Revenue Ruling Provides Opportunities for Financing Carbon Capture Equipment
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.
Finance 59
59 Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law
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.
Casing 40
40 
Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass
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]
Nigeria Oil Industry Overview
Drillers
MARCH 24, 2020
Total, for instance, started production from one of the most significant newly discovered offshore fields in Nigeria Egina at the end of 2018 with plans to ramp up production to 200,000 BPD. Production grew fast, and today, Nigeria pumps close to 2 million BPD, which makes it the largest producer of crude oil in Africa.
Oil 52
52 
COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives
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. Courts are not entirely consistent on this point, however.
E&A 52
52 
Extension of DOL Fiduciary Rule is Official and some Guidelines for Documenting Rollovers
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. The failure to obtain and to keep a record of the advice and supporting information could lead to liability. [1]
Education 40
40 
Louisiana Supreme Court’s reversal of Gloria’s Ranch clarifies calculation of damages for unpaid mineral royalties, provides relief for holders of security interests in mineral rights
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.
Royalty 40
40 
Latest Guidance on Fiduciary Duties
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] 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.
E&A 40
40 
Let's personalize your content