The Energy Law

JANUARY 28, 2022

As to Plaintiffs’ claim under the Civil Code articles on accession, the court rejected Plaintiffs’ claims on two grounds: the gas produced from the wells was not a fruit but rather a product, and the gas which ran through the off-servitude portion of the pipelines was not taken from the Plaintiffs’ land, but that of their neighbor.

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The Energy Law

JANUARY 28, 2022

As to Plaintiffs’ claim under the Civil Code articles on accession, the court rejected Plaintiffs’ claims on two grounds: the gas produced from the wells was not a fruit but rather a product, and the gas which ran through the off-servitude portion of the pipelines was not taken from the Plaintiffs’ land, but that of their neighbor.

Pipeline 98

Pipeline Gas E&A Education 98

The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law

DECEMBER 20, 2023

Part I of this blog covers some basics about state and federal courts, explaining why the jurisdictional question of where a case will be decided is often contested. Federal Court “Removal” is the name for the process when a party transfers a case originally filed in a state court to a federal court. Only the court is different.

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The Energy Law

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. . 1442(a)(1). In City of Oakland et al. BP PLC et al. 1442(a)(1).

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The Energy Law

JANUARY 2, 2020

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.

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The Energy Law

JULY 27, 2023

The Louisiana Third Circuit recently ​affirmed a trial court discovery ruling that allowed the defendant to design its own e-discovery protocol without input from plaintiffs. 3d–, whereby the court affirmed the trial court’s discretion to deny the plaintiffs’ demand for control over the defendant’s e-discovery protocols. ​The

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The Energy Law

FEBRUARY 28, 2023

The LDNR subsequently applied for supervisory writs to the Louisiana Supreme Court, arguing that mandamus violates the sole authority of the legislature to appropriate funds to pay for judgments against the State under Louisiana Constitution article XII §10(C) and La. The Court then pointed to Louisiana Constitution article XII §10(C) and La.

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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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Refinery E&A Casing Education 98

The Energy Law

FEBRUARY 26, 2021

Following discovery, Parsons filed a motion for summary judgment premised on Plaintiffs’ inability to establish Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. This article addresses Plaintiffs’ substantive arguments. Lamorak Ins. 20-0424 (La.

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The Energy Law

JUNE 12, 2017

On June 2, 2017 the Louisiana Second Circuit Court of Appeal affirmed a trial court’s judgment cancelling a mineral lease under Mineral Code article 140 and provided further clarity on a production in paying quantities analysis under Louisiana Mineral Code article 124. [1] 1] The dispute in Gloria’s Ranch, L.L.C.

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The Energy Law

APRIL 3, 2023

Although the bill expressly provides that “[a] renewable energy lease is not a mineral lease,” the proposed legislation contains a number of provisions that are either identical or substantially similar to the Louisiana Mineral Code articles governing mineral leases. 122); The lessee of a renewable energy lease would be “bound to.

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The Energy Law

JULY 1, 2021

Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor.

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The Energy Law

NOVEMBER 2, 2022

Baker Hughes a G E Co., One of the Facility Defendants removed the case to federal court on the basis of diversity jurisdiction, arguing that complete diversity existed between all properly joined defendants and the Plaintiffs. In D & J Invs. of Cenla, L.L.C. 17, 2022) (hereinafter “ D & J Invs.

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The Energy Law

MAY 3, 2023

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.” This is the analysis the Court applied in the instant case of Noble House LLC v. To date, Underwriters have not denied coverage.

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The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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Casing E&A IT Education 40

The Energy Law

JUNE 3, 2019

That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.

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The Energy Law

JUNE 29, 2023

1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system. In Enerfin Field Services v. Vernon Parish Board of Review , No. 22-740 (La. Vernon Parish Board of Review , No.

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Pipeline E&A Casing Oil 98

The Energy Law

MAY 4, 2023

What started in 2020 as a proposed joint rulemaking between the DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) and Bureau of Ocean Energy Management (“BOEM”) was recently finalized as a stand-alone BSEE rule addressing decommissioning. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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The Energy Law

MAY 24, 2023

The plaintiffs in these cases also challenge the adequacy of the agencies’ assessments under NEPA and the ESA, as well as under the Outer Continental Shelf Lands Act, the Clean Water Act, and the Marine Mammal Protection Act. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.

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The Energy Law

JULY 3, 2019

a case concerning Texas partnership law. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.

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The Energy Law

JULY 6, 2023

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. Privacy Policy : By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.

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E&A IT Education Casing 98

The Energy Law

MAY 10, 2019

Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. 5/8/19), the Court held the collateral source rule inapplicable to medical expenses charged above the amount actually paid by a workers’ compensation insurer pursuant to the workers’ compensation medical fee schedule. The court of appeal denied the plaintiff’s writ in a 2-1 decision.

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The Energy Law

JULY 1, 2021

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. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v. LL&E II , at *2.

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E&A Exploration and Production Government Casing 52

The Energy Law

APRIL 4, 2023

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. On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. Perhaps time will tell.

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The Energy Law

JANUARY 15, 2020

ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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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. 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 addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.”

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The Energy Law

MARCH 29, 2021

QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. As to Plaintiffs’ claim under the Civil Code articles on accession, the District Court found those articles could not lead to an award of disgorgement.

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Pipeline Casing E&A Gas 52

The Energy Law

AUGUST 10, 2015

Together, the adopted amendments evidence the Court’s emphasis on promoting cooperative case management and reducing the delays and considerable costs often associated with the discovery process. A complete set of the amended and adopted rules may be accessed by clicking here. [1] 2] This theme is embraced throughout the adopted amendments.

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The Energy Law

DECEMBER 29, 2023

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. The KIEFFER E. BAILEY via radio and sound signals.

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IT E&A Casing Government 52

The Energy Law

SEPTEMBER 8, 2023

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. On September 8, 2023, EPA and the U.S. The final rule revises the agency regulations in light of the U.S.

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The Energy Law

MARCH 31, 2022

Earlier information about this case can be found here. *In Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. BPX Operating Co., Johnson Ruling Reversing Prior PPC Ruling.

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The Energy Law

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction. 657, 43 U.S.C.

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The Energy Law

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction. 657, 43 U.S.C.

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The Energy Law

MARCH 25, 2019

This morning I attended oral argument at the United States Supreme Court in the maritime case of Dutra Group v. 1] The question in the case is whether a Jones Act seaman may recover punitive damages on an unseaworthiness claim. Batterton. [1] Communications include firm news, insights, and events.

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The Energy Law

FEBRUARY 28, 2020

Huntington Ingalls, Inc. , [1] a case previously featured on the Blog , overruling “extraordinarily confused” precedent and establishing a new removal test under the Federal Officer Removal Statute, 28 U.S.C. This statute was amended in 2011 to allow removal of cases “for or relating to any act under color of [federal] office.”

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Casing E&A Education IT 52

The Energy Law

JANUARY 2, 2024

United States , Case No. United States , Case No. As detailed in our prior Sackett blog article , CWA jurisdictional decisions have been plagued by administrative rulings, guidance, and court opinions that attempted to implement the plurality opinion in the Supreme Court’s 2006 Rapanos v. In Lewis v.

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