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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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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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Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

The Energy Law

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.

Casing 40
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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. Thus, the Court concluded, removal predicated on the April 30, 2018 Rozel Report was untimely. Riverwood Production Co., The cases were removed to Federal court by Defendants pursuant to 28 U.S.C.

Casing 40
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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law

The VIDA, enacted in December 2018, will standardize incidental discharge permits and regulations, replacing the 2013 Vessel General Permit (“VGP”) that commercial vessels are currently required to follow. It also requires the U.S. Coast Guard (“USCG”) to develop corresponding regulations to enforce compliance with the EPA’s standards.

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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

The Lyon Well was leaking in 2018, which prompted the LDNR to task the current operator (Sandhill Production, Inc.) Sandhill never managed to stop the leak, and it abandoned the well in August 2019. 30:80 et seq. This revision to the OSRL also allowed the LDNR to tap into the Fund to pay for emergency response costs. Lyon Well #1.

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2019 Louisiana Investment Adviser Update

The Energy Law

There were no significant amendments to Form ADV this year (the SEC made a number of amendments in 2018 relating to separately managed accounts and standing letters of authority). These priorities generally follow the SEC’s 2018 examination priorities. 51:703(D)(5).