The Energy Law

MAY 18, 2021

Updated from May 18, 2021 post. On May 17, 2021, the United States Supreme Court issued a decision in the climate change litigation affecting the fossil fuel industry. 1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. .

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The Energy Law

MAY 24, 2023

BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.

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The Energy Law

JULY 1, 2021

On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. In the landmark oilfield remediation case Corbello v. State of Louisiana v. Louisiana Land and Exploration Co.,

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The Energy Law

AUGUST 3, 2021

On June 29, 2021, the United States Supreme Court, in a 5-4 vote, held that a natural gas company’s right to condemn property for a pipeline under the Natural Gas Act includes the right to condemn state-owned property. In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA).

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The Energy Law

MAY 3, 2023

District Court for the Southern District of Texas in November of 2021. 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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The Energy Law

AUGUST 3, 2021

On July 1, 2021, the Internal Revenue Service published Revenue Ruling 2021-13 , which provides guidance on three important issues related to the income tax credit for carbon oxide sequestration found in section 45Q of the Internal Revenue Code.

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The Energy Law

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v. Eastland June 1, 2021). Dils Co. , 2d 904 (Tex.

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The Energy Law

FEBRUARY 4, 2021

2021) (“Henry Schein II”). 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. Henry Schein, Inc. Archer & White Sales, Inc.,

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The Energy Law

JULY 6, 2023

This requirement was to go into effect on August 1, 2021. 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. Louisiana argued that the TEDs were unnecessary in state waters and would economically harm its shrimp fisheries.

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The Energy Law

FEBRUARY 9, 2021

20-30300, 2021 WL 96168, a three-judge panel of the U.S. 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). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.

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True Energy

JANUARY 29, 2025

Written by Marc Published January 30, 2025 Written by Marc Published January 30, 2025 EV Fleet Management and V2G for Fleet Managers EV Fleet Management and V2G could transform how businesses optimize vehicle operations and interact with the energy grid. How much can V2G benefit EV fleets?

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The Energy Law

SEPTEMBER 30, 2021

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.

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True Energy

NOVEMBER 24, 2024

Written by Marc Published November 25, 2024 Written by Marc Published November 25, 2024 Why Utilities Need to Prepare for V2G Fleets V2G fleets are changing how utilities manage energy demand and grid resilience. With increasing climate-related challenges and an ageing energy infrastructure, V2G is set to become a crucial tool.

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The Energy Law

JUNE 22, 2021

5/25/21), 2021 WL 2102932, —So. 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. 2020-0622 (La.

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Vorys Energy

FEBRUARY 25, 2022

Ragsdale , 2021-Ohio-4660 , the appellant attempted to extinguish a severed one-half oil and gas interest under the MTA. The Seventh District Court of Appeals recently issued another decision addressing the “specific reference” exception under Ohio’s Marketable Title Act, R.C. 5301.47, et seq. the “MTA”). In Cattrell Family Woodlands v.

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True Energy

FEBRUARY 9, 2025

Traditional grid infrastructure, built for a more predictable energy landscape, is struggling to adapt to increasing climate hazards, shifting demand patterns, and the rise of decentralized energy resources. This is where Distributed Energy Resource Management Systems (DERMS) play a transformative role.

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The Energy Law

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.

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Orient Energy Review

MARCH 27, 2023

Also Read: Why European Oil Companies Face A Valuation Gap When Compared With US Peers Sources say that Nigeria LNG and other defendants put up a vigorous defence through their lawyers which led to the Federal High Court dismissing the case.

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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] Those limits were last increased in 2018 to $137,659,500 by the Bureau of Ocean Energy Management. [12] 305011; Fed. 15] 46 U.S.C.

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The Energy Law

FEBRUARY 9, 2021

20-30300, 2021 WL 96168, a three-judge panel of the U.S. 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). On January 11, 2021, the Fifth Circuit panel affirmed. 2021 WL 96168 at *2.

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The Energy Law

JUNE 22, 2021

5/25/21), 2021 WL 2102932, —So. 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. 2020-0622 (La.

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The Energy Law

JUNE 22, 2021

5/25/21), 2021 WL 2102932, —So. 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. 2020-0622 (La.

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Producer's Edge

JANUARY 20, 2025

This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. In February 2021, during Winter Storm Uri, Pioneer failed to deliver the contracted amounts of gas from February 14 to 19. Pioneer Nat. 4th 710 (5th Cir.

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The Energy Law

FEBRUARY 4, 2021

2021) (“Henry Schein II”). 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. Henry Schein, Inc. Archer & White Sales, Inc.,

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

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The Energy Law

JULY 1, 2021

On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. In the landmark oilfield remediation case Corbello v. State of Louisiana v. Louisiana Land and Exploration Co.,

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Producer's Edge

DECEMBER 9, 2024

LLC, & Endeavor Energy Res., 2020) and Posse Energy, Ltd. Parsley Energy, LP, 632 S.W.3d Parsley Energy, LP, 632 S.W.3d —El Paso 2021, pet. As is usually the case with contract interpretation, clarity and specificity are paramount. Occidental Permian, 662 S.W.3d 3d 550 (Tex. Neuhoff, 596 S.W.3d

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

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The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. XTO Energy, Inc. , [1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. 1] 2021 WL 956079 (W.D.

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The Energy Law

MAY 5, 2021

There are few cases interpreting these statutes. XTO Energy, Inc. , [1] provides yet another data point in an otherwise barren area of Louisiana law about the notices required under this statutory scheme in order to properly place operators on notice and to potentially impose the penalty of La. 1] 2021 WL 956079 (W.D.

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The Energy Law

NOVEMBER 6, 2020

Sensing that the Department of Revenue may lose the Smith International case, the legislature used this Act to prohibit refunds for taxpayers who previously paid late payment penalties but would not owe them under the holding of Smith International.

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The Energy Law

OCTOBER 11, 2021

The subsequent purchaser doctrine has been litigated extensively in Louisiana legacy cases involving claims for oilfield remediation. Energen Resources Corporation , 2021-0290 (La. 10/4/21), 2021 WL 4548529, —So. In Louisiana Wetlands, LLC v.

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The Energy Law

MARCH 2, 2021

24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a sticking point in Louisiana “legacy” cases: whether claims brought under a Louisiana citizen suit provision for alleged violations of state environmental regulations can be heard in federal court. 20-30224 (5th Cir.

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The Energy Law

MARCH 31, 2021

19-0459, 2021 WL 936175 (Tex. 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 3d 198, 211 (Tex.

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The Energy Law

MARCH 31, 2021

19-0459, 2021 WL 936175 (Tex. 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 3d 198, 211 (Tex.

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The Energy Law

NOVEMBER 30, 2020

The second safe harbor permits a taxpayer to deduct its eligible expenses on its 2021 tax return so long as in 2021 the taxpayer irrevocably decides not to seek forgiveness or its application for forgiveness is denied. The first safe harbor permits taxpayers to take these deductions on an original or amended 2020 tax return.

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The Energy Law

APRIL 19, 2021

18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) To establish the res judicata defense, a defendant must demonstrate that the legal injury occurred before the decision was made in the first case ( i.e. , the claim was ripe).

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