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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. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2.

E&A 105
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Survey of Proposed Legislation Across the States Affecting the Energy Industry in 2021

The Energy Law

Several pieces of energy-industry legislation are teed up for debate as state legislatures reconvene for their first sessions of 2021. The Texas Legislature convened for its 2021 session earlier this month with several issues on the agenda. HB 896 and HB 897 , sponsored by state Rep. Pre-filed and introduced by State Sen.

Energy 52
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Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate

The Energy Law

Lawsuits were filed in Shreveport and Lafayette in October of 2021 after Ochsner notified all of its employees that – absent an exemption for valid religious or medical reasons – they had to be fully vaccinated by October 29, 2021, or face discipline up to and including termination. Hayes, et al.

Casing 105
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Solar Leasing in Louisiana: Act 301 and Decommissioning Requirements

The Energy Law

301 (formerly Senate Bill 185), which was signed by Governor Edwards on June 14, 2021 and will become effective on August 1, 2021. As the number of solar projects continues to grow in Louisiana, a chief concern among Louisiana taxpayers is ensuring that these projects are properly decommissioning upon their abandonment.

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

The Energy Law

This requirement was to go into effect on August 1, 2021. 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. After the temporary injunction expired, Louisiana and the NMFS moved for summary judgment.

E&A 98
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Survey of Proposed Legislation Across the States Affecting the Energy Industry in 2021

The Energy Law

Several pieces of energy-industry legislation are teed up for debate as state legislatures reconvene for their first sessions of 2021. The Texas Legislature convened for its 2021 session earlier this month with several issues on the agenda. HB 896 and HB 897 , sponsored by state Rep. Pre-filed and introduced by State Sen.

Energy 40
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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. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.