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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law Blog

A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S. First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2] 78860 (Dec.

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

The Energy Law Blog

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. ,

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FIFTH CIRCUIT BEGINS TO CLEAN UP ITS JURISPRUDENCE ON HOW TO DETERMINE WHETHER A CONTRACT IS (OR IS NOT) MARITIME

The Energy Law Blog

Gulf Oil Corp. , [1] for determining whether a contract to perform services related to oil & gas exploration on navigable waters is maritime, the Fifth Circuit took up In re Larry Doiron, Incorporated [2] earlier this year in an effort to streamline the test and bring clarity to an area of the law mired in uncertainty.

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U.S. Climate Change Litigation: 2020 Update

The Energy Law Blog

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.

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

The Energy Law Blog

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. Although the deadline for doing so was December 4, 2020, these standards have not yet been finalized or implemented.

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Fifth Circuit to Hold Oral Argument in Sojitz v. UNOCAL in April 2020

The Energy Law Blog

Union Oil Co. 2003) (“the regulations govern the parties’ joint and several liabilities vis-à-vis the Government not amongst themselves”) and Total E&P USA, Inc. Marubeni Oil & Gas (USA), Inc. , Sojitz Energy Venture, Inc. of California , 394 F. 3d 687 (S.D. Parker Drilling Co. , 3d 558, 563 (5th Cir.

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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law Blog

The court reasoned that every oil and gas well, whether conventional or otherwise, artificially creates a pressure gradient that causes minerals to flow towards the wellbore that otherwise would have remained in place. [12] 2] Coastal Oil & Gas Corp. 6] Briggs , 2020 WL 355911 at p. *5. 3d 1, 4 (Tx.