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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. An identical provision exists in the Mineral Code.
The Third Circuit’s opinion in this case is the culmination of a year-and-a-half-long discovery dispute. 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. 6/28/23), –So.
Particularly, Mr. Steib alleged he was exposed to asbestos while employed by Parsons Government Services, Inc. Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure.
Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. The two federal district court judges handling the eight cases reached different conclusions on Plaintiffs’ remand motions. BP PLC et al.
In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” Federal courts may only hear certain types of cases.
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.
Particularly, Mr. Steib alleged he was exposed to asbestos while employed by Parsons Government Services, Inc. Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure.
Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. The majority of these cases have been brought under state nuisance laws.
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. If (and only if) an express contractual provision allows greater remediation than government standards, a jury may consider and award such “excess remediation” damages.
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.
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.
The Texas Business Courts will potentially impact a wide range of cases, from high-value contract disputes to intricate corporate governance issues. What potential pros and cons may arise from submitting a case to the new Business Courts? Their limited jurisdiction, set forth in Texas Government Code Sec.
The case is one of three major climate change lawsuits. In the other two cases, a Connecticut and a Mississippi case, the federal appeals courts reversed the district courts’ dismissal of the actions. For the full article, see [link] With actions in three circuit courts, Supreme Court review may be on the horizon.
. § 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.
. § 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.
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]
This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court, June 2, 2020 ; and (3) U.S.
You can see this article to read more about this. Because street lights are meant to be raised, except when attached to a tall building which is not usually the case, they must have poles. Solar street lights are those powered by energy from the sun through solar panels that are either mounted on the lighting pole or embedded into it.
Concordia Parish was not a proper venue as to any of the defendants pursuant to Louisiana’s general venue rules prescribed by Code of Civil Procedure article 42. This holding is consistent with the jurisprudence that Article 74 must be strictly construed. However, the Third Circuit explained that Article 76.1 2d 12, 18-19 (La.
Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Fifth Circuit Court of Appeals. 18-5217 (E.D.
The residents of Longmont, Colorado voted in 2012 to add Article XVI to the City’s home-rule charter. The Article prohibited fracking and the storing or disposing of wastes created by fracking within the City’s limits. This moratorium, like the home-rule charter article, was preempted by the Colorado Oil and Gas Conservation Act.
Contract salvage is when the shipowner and the salvor agree in advance to the terms governing the salvage operation, including the compensation that will be paid to the salvor. Today, the International Convention on Salvage also governs salvage. Generally, it is cheaper for the shipowner to do the work than for the government.
By granting the petition, the Supreme Court has agreed to review the Fourth Circuit Court of Appeals’ decision remanding the suit to state court after rejecting the energy companies’ contention that they were acting as federal officers pursuant to historical contracts with the federal government.
New Jersey , [1] the divided Court held that a certificate from the Federal Energy Regulatory Commission (FERC) entitled PennEast Pipeline Company (PennEast) to use the federal government’s power of eminent domain to seize property owned by the State of New Jersey. On appeal, the Supreme Court disagreed.
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. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.
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. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.
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. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and award such “excess remediation” damages.
This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court, June 2, 2020 ; and (3) U.S.
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 December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al. ,
Additionality is typically not met if the project is mandated by the government because it hinges on the creation of new methane reductions. Similarly, the total cost of plugging wells varies case by case depending on the location, depth, and age of the well, among other factors.
the Third Circuit not only provides yet another example of the uniform application of the doctrine in cases involving mineral rights under Louisiana law, but expressly and thoroughly rejects the numerous arguments on which plaintiffs-landowners have continued to rely. BP America Production Company, et al. , In Eagle Pipe and Supply, Inc.
Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Fifth Circuit Court of Appeals. 18-5217 (E.D.
The policy selected New York law to govern all future disputes arising under the contract. Marine insurance policies are maritime contracts which are governed in the first instance by maritime law. (“Raiders”) were parties to a marine insurance policy covering Raiders’ vessel. 2 1 348 U.S. 310 (1955). 2 Norfolk Southern R. 2 1 348 U.S.
By granting the petition, the Supreme Court has agreed to review the Fourth Circuit Court of Appeals’ decision remanding the suit to state court after rejecting the energy companies’ contention that they were acting as federal officers pursuant to historical contracts with the federal government.
1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. which governs notarial acts of correction: A. (1) which governs notarial acts of correction: A. (1) Flat River Farms, L.L.C. , 13] The Court then applied La.
In this case, Tongli Shipping Pte. F]ederal maritime law governs whether a claim sounds in admiralty and that the relevant substantive law governs whether a plaintiff has alleged a valid prima facie claim,” citing Blue Whale Corp. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A. Grand China Shipping Dev.
Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. 2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit split on this issue.
With the plaintiff favorable ruling in Cyan , corporations faced an escalation of ’33 Act claims in state court and became more vigilant about including exclusive federal forum provisions in their governance documents. Salzberg. [2] In December 2018, the Delaware Chancery Court invalidated all three exclusive federal forum provisions.
1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] for failure to pay royalties under Mineral Code article 140. [5]
Article at a glance Sell surplus power to utility companies and offset installation costs. In that case, local utility companies may pay you for the excess energy, so nothing goes to waste. Solar reduces fossil fuel use, cutting your carbon footprint. Federal incentives make solar more affordable.
30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3] 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. 30:10, which governs agreements for drilling units and pooling interests in Louisiana.
In my previous article , I outlined possible decarbonization scenarios. As explained in my previous article about decarbonization, there are many options for reducing CO2emissions, from stable and flexible fossil fuel plants (or, of course, with the utilization of CCUS) or nuclear and biomass to more intermittent and scattered wind and solar.
Namely, it found that (1) Louisiana has a substantial likelihood of success on the merits of its claims; (2) that Louisiana stood to suffer imminent, irreparable injury; and (3) that the injunction would serve the public interest in lawful government actions and in ensuring that the government treat all citizens equally without considering race.
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. 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. 2020-C000200.
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