The Energy Law Blog

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”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.

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The Energy Law Blog

MAY 3, 2023

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.” Noble House, attempted to bring suit against the Underwriters in the U.S.

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The Energy Law Blog

OCTOBER 19, 2020

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. Louisiana Land & Exploration Co., A detailed summary of the Third Circuit’s decision can be found here.

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The Energy Law Blog

MAY 4, 2023

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. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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The Energy Law Blog

NOVEMBER 30, 2020

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.

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The Energy Law Blog

JULY 1, 2021

The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 2020-00685 (La. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v.

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The Energy Law Blog

JANUARY 20, 2021

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.

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The Energy Law Blog

NOVEMBER 6, 2020

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. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.

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The Energy Law Blog

SEPTEMBER 14, 2020

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.

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The Energy Law Blog

NOVEMBER 30, 2020

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.

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The Energy Law Blog

FEBRUARY 28, 2020

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.”

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The Energy Law Blog

JUNE 22, 2021

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., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al., 10/19/10), 48 So.

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The Energy Law Blog

JANUARY 20, 2021

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.

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The Energy Law Blog

AUGUST 4, 2023

Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. As background, many areas in Texas contain shale formations that are dense and have poor permeability. But more than minerals are released.

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Vorys Energy

MARCH 24, 2022

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. E), they did not search the public records of the county where the holder was said to have resided.

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The Energy Law Blog

JANUARY 31, 2023

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] First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]

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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. Once we go back to the new normal we expect that each E&P company will decide which is the most suitable for their needs, in-person or virtual? The criteria will depend on each use case.

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The Energy Law Blog

NOVEMBER 18, 2020

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. Smart Fabricators of Texas, LLC , 970 F.3d Sanchez was never an Enterprise employee or a member of the rig’s crew.

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The Energy Law Blog

NOVEMBER 18, 2020

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. Smart Fabricators of Texas, LLC , 970 F.3d Sanchez was never an Enterprise employee or a member of the rig’s crew.

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The Energy Law Blog

JUNE 22, 2021

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., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al., 10/19/10), 48 So.

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The Energy Law Blog

JUNE 22, 2021

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., In Lexington Land Development, L.L.C. Chevron Pipelines Company , et al., 10/19/10), 48 So.

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The Energy Law Blog

NOVEMBER 6, 2020

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. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.

E&A 40

E&A Education Casing 40

The Energy Law Blog

SEPTEMBER 14, 2020

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.

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Casing E&A Education Government 40

The Energy Law Blog

MARCH 31, 2020

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]

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The Energy Law Blog

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 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. In In re Deepwater Horizon , No. See Barker v.

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The Energy Law Blog

JANUARY 27, 2020

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.,

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The Energy Law Blog

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. In response to the continuing COVID-19 epidemic, the United States Coast Guard, Centers for Disease Control and Prevention, U.S.

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The Energy Law Blog

SEPTEMBER 29, 2020

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. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994

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The Energy Law Blog

OCTOBER 26, 2020

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. Louisiana property is assessed by the assessor for the parish where the property is located.

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The Energy Law Blog

OCTOBER 26, 2020

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. Louisiana property is assessed by the assessor for the parish where the property is located.

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The Energy Law Blog

AUGUST 19, 2020

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. Chevron Pipe Line Co. Chevron Pipe Line Co. Mays’s family filed a wrongful death action in federal court against Chevron invoking Louisiana state law. 207, 222 (2012).

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The Energy Law Blog

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 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. In In re Deepwater Horizon , No. See Barker v.

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Offshore Casing E&A Oil 40

The Energy Law Blog

SEPTEMBER 29, 2020

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. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994

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The Energy Law Blog

MARCH 1, 2021

In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.

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The Energy Law Blog

MARCH 2, 2020

New, expanded CFIUS regulations went into effect on February 13, 2020. businesses, in some cases require mandatory national security review of transactions. The regulations, dealing with foreign acquisition of control of U.S. businesses or certain foreign investments in U.S. In addition to addressing acquisitions of U.S.

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The Energy Law Blog

APRIL 28, 2020

Hawaii Wildlife Fund, et al. where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 1342 (NPDES provisions).

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The Energy Law Blog

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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