The Energy Law

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. Urging review, UNOCAL claimed that the decision at issue is likely to have a sweeping impact on pending and future Act 312 cases.

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Casing E&A IT Education 40

The Energy Law

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.” The case is Noble House, L.L.C. 22-20281, 2023 WL 3168603 (5th Cir.

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Insurance Casing IT E&A 98

The Energy Law

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.

IT 52

IT E&A Casing Operator 52

The Energy Law

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. BSEE’s final rule can be found at 88 Fed. 23569 (April 18, 2023).

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The Energy Law

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

JULY 1, 2021

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.

E&A 105

E&A Exploration and Production Government Casing 105

The Energy Law

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.

E&A 52

E&A Education Casing 52

The Energy Law

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.

IT 40

IT E&A Casing Operator 40

The Energy Law

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.

Casing 52

Casing E&A Education Government 52

The Energy Law

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.”

Casing 52

Casing E&A Education IT 52

The Energy Law

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.

Casing 40

Casing Exploration and Production Energy Energy 40

The Energy Law

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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

Casing 59

Casing Operator Oil IT 59

The Energy Law

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.

E&A 40

E&A Education Casing 40

The Energy Law

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. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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Casing Drilling rig Offshore E&A 40

The Energy Law

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. Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case.

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Casing Drilling rig Offshore E&A 40

The Energy Law

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.

Casing 40

Casing E&A Education Government 40

The Energy Law

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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

Casing 52

Casing Operator Oil IT 52

The Energy Law

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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.

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Casing Operator Oil IT 52

The Energy Law

AUGUST 4, 2023

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.

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The Energy Law

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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Hydraulic Fracturing E&P Casing Gas 40

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. 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.

Offshore 52

Offshore Casing E&A Oil 52

The Energy Law

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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E&P E&A Casing IT 40

The Energy Law

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. 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.

Pipeline 52

Pipeline Casing IT E&A 52

The Energy Law

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] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

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Oil Offshore Pipeline E&A 98

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. How Should I Change My Operations during the Pandemic? What Changes Should I Make to Employee Operations?

Operator 40

Operator E&A Casing IT 40

The Energy Law

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. 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.

Operator 40

Operator Offshore Casing Pipeline 40

The Energy Law

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. The appellate courts had reached inconsistent conclusions on the relative roles of the assessors and the Tax Commission.

E&A 40

E&A Casing IT Oil 40

The Energy Law

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. The appellate courts had reached inconsistent conclusions on the relative roles of the assessors and the Tax Commission.

E&A 40

E&A Casing IT Oil 40

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. 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.

Offshore 40

Offshore Casing E&A Oil 40

The Energy Law

JULY 1, 2021

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.

E&A 52

E&A Exploration and Production Government Casing 52

The Energy Law

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. 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.

Pipeline 40

Pipeline Casing IT Oil 40

The Energy Law

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.

Offshore 40

Offshore E&A Education Casing 40

The Energy Law

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.

E&A 52

E&A Casing Shutdown IT 52

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. 18, 2020). [4] Salzberg. [2] 2] In Sciabacucchi , the plaintiffs sought to invalidate those provisions in the certificates of incorporation of Blue Apron, Roku and Stitch Fix. 1061 (2018). [2]

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Government E&A Finance Education 40

The Energy Law

APRIL 28, 2020

To that end, the Court laid out seven, non-exclusive factors that may “prove relevant” to the inquiry, but it emphasized that transit time and distance traveled would be the most important factors in most cases. The Court remanded the case back to the Ninth Circuit so that it could apply this new standard. 22250 (Apr.

E&A 40

E&A Casing IT Education 40

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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Royalty Exploration and Production Oil IT 52

The Energy Law

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. Employment Agreements.

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E&A Casing Shutdown IT 40