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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

The Energy Law

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

The Energy Law

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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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

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., In this case, Lexington Land sued Chevron U.S.A., 2020-0622 (La.

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Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed

The Energy Law

In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. This requirement was to go into effect on August 1, 2021.

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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law

That rationale led to the Court’s holding that the mere use of one-eighth in a double fraction is some evidence that the parties were operating under the estate misconception theory. In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Eastland June 1, 2021). Dils Co. , 2d 904 (Tex.

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New IRS Revenue Ruling Provides Opportunities for Financing Carbon Capture Equipment

The Energy Law

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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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

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., In this case, Lexington Land sued Chevron U.S.A., 2020-0622 (La.

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