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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

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 . LL&E II , at *2. The LL&E II Decision.

E&A 105
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Fifth Circuit to Hold Oral Argument in Sojitz v. UNOCAL in April 2020

The Energy Law

250, Subpart N, as support for the notion that “BSEE’s primary enforcement mechanisms for violations of the decommissioning regulations are civil fines and criminal penalties,” police powers to which Sojitz cannot subrogate. Sojitz Energy Venture, Inc. Union Oil Co. of California , 394 F. 3d 687 (S.D. Parker Drilling Co. , 611 (Bankr.

Royalty 52
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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

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 . LL&E II , at *2. The LL&E II Decision.

E&A 52
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Sea Change: New BOEM Proposed Rule Signals Major Shift in How Air Emissions Would Be Regulated in the OCS

The Energy Law

While the current rule uses Best Available Control Technology (BACT) as the first and primary control mechanism (and to a lesser degree, emission credits), the proposed rule would allow use of other mechanisms to reduce emissions. On March 17, BOEM released a pre-publication version on their website. 1334(a)(8). 550.303(d).

E&P 40
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

In January of this year, the Supreme Court of Pennsylvania tackled an issue that has been confronted by few other courts—whether the rule of capture precludes a claim for subsurface trespass due to hydraulic fracturing. [1] 2] Both the trial court and the appellate court awarded damages to the plaintiffs for the gas drained.

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CARES Act Makes Significant Changes to Four Key Business Tax Provisions Enacted in the Tax Cuts and Jobs Act of 2017

The Energy Law

On Friday, March 27, 2020, President Trump signed into law the CARES Act, which contains many provisions designed to mitigate the impact of the Coronavirus pandemic on businesses. Those provisions include the following four significant changes to the business tax provisions contained in the 2017 Tax Cuts and Jobs Act.

E&A 40