The Energy Law

APRIL 4, 2023

On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royalty interests burdening the nonparticipating owner’s lease.

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The Energy Law

MAY 24, 2023

On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.

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The Energy Law

MARCH 7, 2023

21-0146, 2023 WL 2053175 (Tex. 17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. The Texas Supreme Court recently released its opinion in Van Dyke v.

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The Energy Law

FEBRUARY 28, 2023

3d , 2023 WL 526075, the Louisiana Supreme Court rejected a writ of mandamus that would have compelled the LDNR to satisfy a $4.7 The Court distinguished those cases, pointing to constitutional and statutory provisions that mandate appropriation under those specific circumstances. In Crooks v. 1/1/23), So.

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The Energy Law

SEPTEMBER 8, 2023

On September 8, 2023, EPA and the U.S. The final rule additionally does not clarify the phrase “relatively permanent” in the rule, signaling that such decisions will likely be made on a case-by-case basis by the local Army Corps district. The final rule revises the agency regulations in light of the U.S.

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The Energy Law

JULY 6, 2023

On June 15, 2023, the United States Court of Appeals for the Fifth Circuit held that the State of Louisiana lacked standing to challenge the National Marine Fisheries Service (NMFS) Final Rule requiring certain shrimping vessels in Louisiana waters to use turtle excluder devices (TEDs).

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The Energy Law

DECEMBER 29, 2023

On December 4, 2023, in Marquette Transportation Co. 1 the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot’s error. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. The KIEFFER E.

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The Energy Law

OCTOBER 13, 2023

As of June 2023, 146 countries have ratified or adopted the International Maritime Organization’s (“IMO”) International Convention on Civil Liability for Oil Pollution Damage, 1992 (the “CLC”). The greater of $2,500 per gross ton or $21,521,300 CLC 92 ​Vessel Size 2023 Limit of Liability 3 ​ <5,000/GRT 4.51 <3,000/GRT 2.

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The Energy Law

APRIL 3, 2023

The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases. 122); The lessee of a renewable energy lease would be “bound to.

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The Energy Law

JUNE 20, 2023

In this case, Tongli Shipping Pte. On June 2, the U.S. Court of Appeals for the Third Circuit analyzed what constitutes a prima facie maritime claim sufficient to support attachment of property under Rule B of the Supplemental Rules of Admiralty of the Federal Rules of Civil Procedure. Bunge appealed.

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The Energy Law

FEBRUARY 6, 2023

On January 27, 2023, the Louisiana Supreme Court issued a ruling involving claims for negligent infliction of emotional distress (“NIED”) absent physical damage. In Spencer v. Valero Refining Meraux, LLC , 2022-00469 (La. 1/27/23), — So.

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The Energy Law

JANUARY 2, 2024

On December 18, 2023, the U.S. United States , Case No. In this case, the parties’ ten-year conflict centered on USACE’s attempts to assert CWA jurisdiction over “wetlands” on the subject property throughout the shifting regulatory landscape that attempted to apply that test. Supreme Court’s Sackett v. In Lewis v.

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The Energy Law

AUGUST 4, 2023

Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. As background, many areas in Texas contain shale formations that are dense and have poor permeability. But more than minerals are released.

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The Energy Law

MAY 5, 2023

21-0461, 2023 WL 3028100 (Tex. 2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline. In Point Energy Partners Permian, LLC v. MRC Permian Company , — S.W.3d

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The Energy Law

MARCH 15, 2023

20-0904, 2023 WL 2438927 (Tex. 2023), in which it held that lessees owed royalties in excess of their gross proceeds, specifically “adding back” costs incurred by third-party buyers that were enumerated in the sales contract and subtracted from the sales price. Sheppard , — S.W.3d NationsBank”, 939 S.W.2d 2d 118 (Tex.

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Producer's Edge

NOVEMBER 1, 2024

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

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The Energy Law

DECEMBER 21, 2022

On December 16, 2022, Congress passed the National Defense Authorization Act of 2023 which contains a material expansion of the United States Maritime Administration’s Capital Construction Fund Program. The Capital Construction Fund (“CCF”) program is designed to encourage owners of U.S. flagged vessels by offering tax incentives to do so.

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The Energy Law

MAY 26, 2023

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7]

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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.

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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.

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Oil and Gas Investments

FEBRUARY 15, 2025

The OEM doesn’t design the whole car, and Arteris doesn’t design the whole chip, but they are a key piece of the final product (in this case the semiconductor). Elon Musk is all over the news these days for reasons that have nothing to do with investing. It’s a self-driving wolf.” It is, because its a brand-new thing.

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The Energy Law

MAY 26, 2023

21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. Supreme Court decision in Sackett v. United States , 547 U.S.

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