Global Energy Perspective 2019
McKinsey
FEBRUARY 12, 2019
The Global Energy Perspective Reference Case provides our view on how the energy transition will unfold.
2019 Casing Energy 
Plaintiffs and Defendants Jointly Choose First Cases for Trial in Plaquemines Parish Coastal Zone Management Act Litigation
The Energy Law
OCTOBER 2, 2017
The first five Plaquemines Parish Coastal Zone Management Act (“CZMA”) cases to be set for trial have been chosen. Hilcorp Energy Company, et al. The Plaintiffs selected Parish of Plaquemines v. Rozel Operating Company, et al. Parish of Plaquemines v. ConocoPhillips Company, et al. , and Parish of Plaquemines v.
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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”). 18-5217, 2019 WL 2271118 (E.D. May 28, 2019). 18-677, 2019 WL 4734394 (W.D. 26, 2019), —F.
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Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable
The Energy Law
JUNE 3, 2019
On May 28, 2019, United States District Judge Martin Feldman issued a sixty-four page Order and Reasons which granted motions to remand filed by Plaquemines Parish and the State of Louisiana in The Parish of Plaquemines v. That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018.
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40 Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline
The Energy Law
JULY 3, 2019
Last week the Texas Supreme Court granted review in Energy Transfer Partners, L.P. a case concerning Texas partnership law. Energy Transfer Partners has garnered significant amicus support on both sides of the “v.” and has been closely followed by the energy industry. Enterprise Products Partners, L.P. ,
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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. July 1, 2019).
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Texas Supreme Court Decides Energy Transfer Partners v. Enterprise Products
The Energy Law
JANUARY 31, 2020
The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P a case previously featured on the Blog. This case began in 2011 when ETP and Enterprise explored the possibility of partnering to modify and extend, or construct anew, a pipeline to transport oil southbound from Cushing, Oklahoma.
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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners
The Energy Law
AUGUST 4, 2023
Produced water can also contain certain critical minerals that can be used for the development of clean energy technologies. [1] This statute, however, only applies to instruments executed after September 1, 2019. 1] Thus, conflicts arose between surface owners and mineral owners over the ownership of produced water.
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Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases
The Energy Law
MAY 10, 2019
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. 2018-CC-0735 (La.
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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners
The Energy Law
JANUARY 31, 2023
6] The last CPI adjustment occurred in 2019. 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] 4] OPA liability is capped, however, subject to certain exceptions. [5]
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U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law
The Energy Law
MARCH 20, 2019
Ct. —, 2019 WL 1245520 (U.S. March 19, 2019), the U.S. The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. 2019 WL 1245520 at *6. [4]
Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed
The Energy Law
JULY 6, 2023
In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place.
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Trudging the Rocky Landscape of Royalty Dispute Litigation with the Texas Supreme Court Yet Again in BlueStone
The Energy Law
JUNE 8, 2020
With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.
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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
APRIL 12, 2022
The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. Sandhill never managed to stop the leak, and it abandoned the well in August 2019. Thereafter, the LDNR intervened in the Litel case, seeking recovery of emergency costs from Pioneer and Gary. who last operated the property. Lyon Well #1.
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Supreme Court Punts on Important Arbitrability Question
The Energy Law
FEBRUARY 4, 2021
The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.
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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. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. 1349(b)(1). 3d 726 (S.D. 347, 354 (1995).
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Louisiana Investment Adviser Update • Top 10 Advisers in Louisiana • SEC Issues New Proxy Guidance for Advisers
The Energy Law
OCTOBER 22, 2019
Top Louisiana Advisers Ranked by Assets under Management Top Louisiana Advisers Ranked by Number of Accounts SEC Issues New Proxy Guidance for Advisers On August 21, 2019, the SEC issued new guidance on the voting of proxies by investment advisers.* In most cases, we recommend not voting proxies for your clients. IA-5325 (Aug.
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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. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. 1349(b)(1). 3d 726 (S.D. 347, 354 (1995).
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Long-Awaited Victory on the Proper Deductibility of Post-Production Costs from Unleased Mineral Owners – The Western District of Louisiana Reverses Course in Johnson v. Chesapeake and Self v. BPX
The Energy Law
MARCH 31, 2022
For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. Earlier information about this case can be found here. *In Chesapeake. Johnson Ruling Reversing Prior PPC Ruling.
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Haynesville shale gas production is increasing again; Will Haynesville-related litigation increase again, too?
The Energy Law
OCTOBER 4, 2018
Although the recent Haynesville production increases are a positive sign for the Louisiana energy industry, the August 2018 daily production average is still below the previous Haynesville peak production average, which was 7.403 billion cubic feet per day in January 2012. For example, in Alyce Gaines Johnson Special Trust v. 9/22/10); 48 So.
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52 Liskow Obtains Victory for the Oil and Gas Industry in the Louisiana Third Circuit
The Energy Law
APRIL 17, 2019
The Louisiana Board of Tax Appeals, faced with numerous cases raising this same issue, heard a “test case” involving Avanti Exploration, LLC. The attorneys involved in Avanti case are Cheryl Kornick , James Exnicios , Robert Angelico , and R.J. The decision can be found here.
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Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company
The Energy Law
SEPTEMBER 29, 2020
As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 7/15/20).
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Western District of Louisiana Holds that Unit Operators May Not Recover Post-Production Costs from an Unleased Mineral Owner’s Share of Production Proceeds
The Energy Law
MARCH 26, 2019
On March 21, 2019, the U.S. 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. If you would like additional information on this case and its potential implications, please contact Brittan J. 1] See 2019 WL 1301985 (W.D. for the position that La.
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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. When the Vessel arrived off the Mississippi River in February 2019, things went awry. In July 2019, Tongli initiated London arbitration proceedings against time charterer Bunge seeking indemnification for the settlement. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A.
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Collaboration: Key to the first multicloud blockchain deployment
IBM: Oil & Gas
DECEMBER 2, 2019
See how blockchain solutions transform industries Using AWS, we’ve built an innovative Sonar-based IoT platform that provides pinpoint accurate measurement of any bulk liquid energy product in any part of the supply chain. And this is just one use case — the first of many — proving the value of the Vertrax Blockchain.
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52 Fifth Circuit Opens Door to Removal Following Involuntary Dismissal of Non-Diverse Defendant
The Energy Law
SEPTEMBER 9, 2019
When is a case removable to federal court? The general rule is that removability is determined at the time a case is filed. 2019), the Fifth Circuit blurred the line between these categories and expanded the cases that can be removed to federal court. The Lane Construction Corporation , 927 F.3d 3d 287 (5th Cir.
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5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal
The Energy Law
MAY 17, 2019
After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. Instead, it continues to apply the pre-amendment causal nexus test to post-amendment cases. Oral argument is set for the week of September 23, 2019.
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BEYOND VIDEO-CONFERENCING and TECHNICAL FACILITATION SERVICE
Drillers
AUGUST 19, 2020
After starting in October and November 2019 The global impact of the COVID-19 pandemic spread around the world in the first few months of 2020. Necessities include food, shelter and energy. The process of planning, safekeeping and operating energy production facilities is a long term process, running into decades.
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Supreme Court Punts on Important Arbitrability Question
The Energy Law
FEBRUARY 4, 2021
The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.
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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s
The Energy Law
MARCH 31, 2021
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Texas Crude Energy LLC , 573 S.W.3d Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex.
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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions
The Energy Law
MARCH 31, 2021
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Texas Crude Energy LLC , 573 S.W.3d Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex.
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When It Comes to Pilot Errors: State Statutes Preempt General Maritime Law
The Energy Law
DECEMBER 29, 2023
1 the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot’s error. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. Navigation Maritime Bulgare JSC, et al. , BAILEY collided on the Mississippi River.
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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress
The Energy Law
FEBRUARY 9, 2021
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2019), appeal filed , No. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D. 2021 WL 96168 at *3.
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Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company
The Energy Law
SEPTEMBER 29, 2020
As noted by Judge Ezell in his dissent, the cases relied upon by Defendants in seeking damages for violation of constitutional property rights actually only awarded damages for trespass. In their brief, the Defendants cite the following quote from the United States Court of Appeals, Fifth Circuit case of Archbold-Garrett v. 7/15/20).
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How to Read a Cash Flow Statement in a Reserve Report – Part III
CG&A
DECEMBER 12, 2020
In this case, GROSS historical oil/gas production and well count are shown prior to the December 31, 2019 effective date, and GROSS forecasted values are shown after this date. In Figure 3 below, we have included a Summary Plot that is related to the Total Proved summary reserves and economics statement in Figure 1.
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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions
The Energy Law
MARCH 31, 2021
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Texas Crude Energy LLC , 573 S.W.3d Randle , 02-18-00271-CV, 2019 WL 1716415, at *1 (Tex.
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Latest Guidance on Fiduciary Duties
The Energy Law
JUNE 13, 2019
1] This Release is part of a package of new rules and interpretations adopted by the SEC on June 5, 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] IA-5248 (June 5, 2019) ( [link] ).
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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives
The Energy Law
MARCH 27, 2020
The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. Black’s Law Dictionary (11th ed. In William Roley Glover v. McAllister , 2 Rob. (La.)
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52 Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress
The Energy Law
FEBRUARY 9, 2021
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2019), appeal filed , No. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D. 2021 WL 96168 at *3.
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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities
The Energy Law
APRIL 4, 2019
On March 29, 2019, the U.S. In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. New owners who acquired facilities in the twelve months before EPA finalized this program are also eligible.
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Extension of DOL Fiduciary Rule is Official and some Guidelines for Documenting Rollovers
The Energy Law
DECEMBER 4, 2017
The Department of Labor officially announced the 18-month extension of the effective date of the key, and most onerous provisions, of the DOL Fiduciary Rule (until July 1, 2019). [1] 1] The announcement was made on November 29, 2017.
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Delaware Corporations Can Rely On Federal Forum Provisions for ’33 Act Claims
The Energy Law
MARCH 19, 2020
Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. 346, 2019 (Del. Salzberg. [2] 2] In Sciabacucchi , the plaintiffs sought to invalidate those provisions in the certificates of incorporation of Blue Apron, Roku and Stitch Fix. Fund , 138 S.
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Maritime Industry COVID 19 Update
The Energy Law
MARCH 26, 2020
Finally, the AWO recommends the development of a “written outbreak management plan” that contains information to track and identify suspected cases and the locations of sick crewmembers, cleaning procedures, etc. The process for filing a CDC report is available here.
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Boost home heating efficiency: Connecting millions of smart radiator thermostats via AWS IoT Core for LoRaWAN
AWS: Energy (Oil & Gas)
NOVEMBER 18, 2024
In 2019, the EU emitted 4,065,462,000 tonnes* of greenhouse gases. The building sector accounts for a significant share of around one-third of all primary energy consumption, 80% of which is attributable to heating water. The efficient, energy-saving operation of heating systems in existing buildings is essential.
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