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United States Court of Appeals Finds BOEM Environmental Impact Statement Deficient, But Declines to Vacate Leases Issued in 2018 Offshore Lease Sales

The Energy Law

In a recent opinion released by the United States Court of Appeals for the District of Columbia Circuit, the court declined to vacate a deficient environmental impact statement (“EIS”) prepared in connection with two offshore lease sales held in 2018, the records of decision announcing the sales, or the leases issued.

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Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?

The Energy Law

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. , Twin Cities Dev.

Gas 52
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United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements

The Energy Law

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. Louisiana Revised Statutes 30:103.1 Kelly Land Company, L.L.C. Aethon Energy Operating, L.L.C. , 4th 369 (5th Cir.

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The Coastal Zone Management Act Litigation Removed to Federal Court (Again)

The Energy Law

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. Bernard, and St. John the Baptist), removing the cases to federal court.

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Louisiana Third Circuit Affirms Dismissal of Royalty and Other Claims Based Upon Prescription

The Energy Law

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. The Succession of Mayo Romero.

Royalty 52
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New IRS Revenue Ruling Provides Opportunities for Financing Carbon Capture Equipment

The Energy Law

The plant produces methanol by first creating syngas from the natural gas input in an acid gas removal unit that removes carbon dioxide, and then converts the purified syngas gas into methanol. For more information on carbon capture and section 45Q tax credits, see here , here and here.

Finance 59
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U.S. Climate Change Litigation: 2020 Update

The Energy Law

Lawsuits against fossil fuel companies: Investor Fraud Lawsuits: The first category of climate change litigation alleges that oil and gas companies defrauded investors by falsely stating that the company had fully considered the risks of climate change regulation and had factored those risks into its business operations.

Casing 52