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The global economic recovery strengthened alongside a resurgent wave of COVID-19 cases; with vaccines on the horizon and easing US political uncertainty, investor confidence climbed.
On January 10, 2020, the New York Attorney General’s Office stated that it will not appeal the trial court’s decision. The majority of these cases have been brought under state nuisance laws. Most of the other cases are pending in various United States Courts of Appeal. United States is at the forefront. United States , No.
On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) issued two noteworthy enforcement memos. The first memo announced the reversal of OSHA’s April 10, 2020 policy that limited the requirement to track on-the-job cases of COVID-19 to health-care facilities, emergency response providers, and corrections facilities.
On October 6, 2020, the Louisiana Supreme Court granted a writ application filed by UNOCAL in State of Louisiana, et al. Additionally, a motion to recuse was filed to remove Justice Crain from the case. Urging review, UNOCAL claimed that the decision at issue is likely to have a sweeping impact on pending and future Act 312 cases.
In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).
See 13-19-00036-CV, 2020 WL 6164467, at *12 (Tex. 22, 2020, pet. Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. Sheppard, et. Corpus Christi Oct. The lessors won in the trial court; the court of appeals affirmed.
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”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.
On October 6, 2020, the Louisiana Supreme Court granted a writ application filed by UNOCAL in State of Louisiana, et al. Additionally, a motion to recuse was filed to remove Justice Crain from the case. Urging review, UNOCAL claimed that the decision at issue is likely to have a sweeping impact on pending and future Act 312 cases.
In a case brought by the Sierra Club and other environmental groups, a federal court in Maryland has seriously unsettled oil and gas operations in the Gulf of Mexico, ruling that a 2020 decision by the National Marine Fisheries Service violates the Endangered Species Act. District Court for the District of Maryland Aug.19
of Review , 2020-0200 (La. 10/20/2020), 341 So. 1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system. Jefferson Davis Parish Bd.
On October 26, 2020, the U.S. For example, the borrower must advise whether after March 13, 2020, the borrower was ordered by a state or local authority to shut down or alter its business due to Covid-19. In November of 2020, the taxpayer applied to the lender for forgiveness of the loan.
District Court for the Southern District of Florida in October of 2020. Under this doctrine, “a court may decline to exercise its jurisdiction and dismiss a case that is otherwise properly before it so that the case can be adjudicated in another forum.” The case is Noble House, L.L.C. 22-20281, 2023 WL 3168603 (5th Cir.
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. Climate Change Litigation: 2020 Update, January 15, 2020 ; (2) Climate Change Jurisdiction: U.S.
On October 26, 2020, the U.S. For example, the borrower must advise whether after March 13, 2020, the borrower was ordered by a state or local authority to shut down or alter its business due to Covid-19. In November of 2020, the taxpayer applied to the lender for forgiveness of the loan.
What started in 2020 as a proposed joint rulemaking between the DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) and Bureau of Ocean Energy Management (“BOEM”) was recently finalized as a stand-alone BSEE rule addressing decommissioning. BSEE’s final rule can be found at 88 Fed. 23569 (April 18, 2023).
As of January 1st 2020, it has been illegal to manufacture or import R22 into the US. There are numerous reasons to suspect that this is the case, but it’s good to have these suspicions confirmed by science. R22 used to be the standard for air conditioners and heat pumps. Going Green Is Good for Business.
2020-00685 (La. In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” State of Louisiana v.
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. Climate Change Litigation: 2020 Update, January 15, 2020 ; (2) Climate Change Jurisdiction: U.S.
On September 11, 2020, Judge Feldman of the Eastern District of Louisiana denied the plaintiffs’ motion to order the Clerk of Court to mail a remand order in Plaquemines v. The procedural background involves Judge Feldman’s remand of the case and stay of the remand order pending appeal. The case is The Parish of Plaquemines v.
First, the Louisiana Supreme Court on November 4, 2020 denied the Louisiana Department of Revenue’s writ application in Smith International, Inc. Second, the Louisiana legislature amended the Louisiana tax penalty regime in Acts 2020, No.
Huntington Ingalls, Inc. , [1] a case previously featured on the Blog , overruling “extraordinarily confused” precedent and establishing a new removal test under the Federal Officer Removal Statute, 28 U.S.C. This statute was amended in 2011 to allow removal of cases “for or relating to any act under color of [federal] office.”
2020-0622 (La. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.
3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.
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]
2020-0622 (La. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
2020-0622 (La. 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
On September 11, 2020, Judge Feldman of the Eastern District of Louisiana denied the plaintiffs’ motion to order the Clerk of Court to mail a remand order in Plaquemines v. The procedural background involves Judge Feldman’s remand of the case and stay of the remand order pending appeal. The case is The Parish of Plaquemines v.
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. 13, 2020), the plaintiff was not in the danger zone when he witnesses a ship allision. 20, 2010 , 452 F. 3d 455, 463 (E.D.
2022-Ohio-901 , a consolidation of two cases previously decided by the Seventh District Court of Appeals, followed in the footsteps laid before it in its earlier decision in Gerrity v. 3d 694, 2020-Ohio-6705. The Court’s decision in Fonzi v. Brown , Slip Opinion No. Chervenak , 162 Ohio St.3d
First, the Louisiana Supreme Court on November 4, 2020 denied the Louisiana Department of Revenue’s writ application in Smith International, Inc. Second, the Louisiana legislature amended the Louisiana tax penalty regime in Acts 2020, No.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. 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), 2020 WL 4001135, *2 n.
In 2019 and 2020, the property’s surface owners transferred all of their water rights to Cactus, including the right to any water produced from oil and gas wells. That being the case, Justice Palafox did not believe the regulations had any role in determining the ownership of produced water.
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. How Should I Change My Operations during the Pandemic? What Changes Should I Make to Employee Operations?
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. The criteria will depend on each use case. The Day: Thursday 11th June 2020 The Time: 11.00 Youll also learn how to avoid the pitfalls too!
18-31060, 2020 WL 288213 (5th Cir. But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state. P N K (Lake Charles) L.L.C.,
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] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.
The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations. Mays , 2020 WL 4432025, at *1. The Court also distinguished Valladolid and another case cited by Chevron, Baker v. Chevron Pipe Line Co. of the award.
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. 13, 2020), the plaintiff was not in the danger zone when he witnesses a ship allision. 20, 2010 , 452 F. 3d 455, 463 (E.D.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. 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), 2020 WL 4001135, *2 n.
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. 2020-C000200. Jefferson Davis Parish Board of Review , No. The appellate courts had reached inconsistent conclusions on the relative roles of the assessors and the Tax Commission.
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. 2020-C000200. Jefferson Davis Parish Board of Review , No. The appellate courts had reached inconsistent conclusions on the relative roles of the assessors and the Tax Commission.
We ran a scenario analysis that ranged from ~$140MM up to ~$415MM with a median case of $260MM, relatively close to the actual closing price of $264.5MM. As a result, we came in relatively low on the valuation. Source: Novi Insight Engine. Mcf range.
2020-00685 (La. In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” State of Louisiana v.
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