The Energy Law

JANUARY 15, 2020

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.

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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. If (and only if) an express contractual provision allows greater remediation than government standards, a jury may consider and award such “excess remediation” damages.

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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

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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Producer's Edge

NOVEMBER 1, 2024

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.

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The Energy Law

FEBRUARY 2, 2010

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.

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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.

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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.

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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]

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The Energy Law

JANUARY 20, 2021

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.

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Energy Refuge

APRIL 7, 2020

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.

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The Energy Law

MAY 10, 2016

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.

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The Energy Law

SEPTEMBER 14, 2020

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.

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The Energy Law

MAY 6, 2016

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.

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The Energy Law

JULY 28, 2023

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.

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The Energy Law

OCTOBER 2, 2020

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.

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The Energy Law

AUGUST 3, 2021

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.

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The Energy Law

APRIL 21, 2023

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.

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The Energy Law

APRIL 21, 2023

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.

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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. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and award such “excess remediation” damages.

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The Energy Law

JANUARY 20, 2021

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.

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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 December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al. ,

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The Energy Law

JUNE 21, 2022

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.

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The Energy Law

JULY 18, 2018

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.

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The Energy Law

SEPTEMBER 14, 2020

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.

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The Energy Law

FEBRUARY 23, 2024

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.

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The Energy Law

OCTOBER 2, 2020

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.

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The Energy Law

MARCH 30, 2017

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.

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The Energy Law

JUNE 20, 2023

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.

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The Energy Law

JUNE 24, 2019

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.

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The Energy Law

MARCH 19, 2020

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.

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The Energy Law

JUNE 12, 2017

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]

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Navigate Power

OCTOBER 18, 2024

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.

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The Energy Law

MARCH 26, 2019

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.

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Yokogawa

SEPTEMBER 20, 2024

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.

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The Energy Law

JANUARY 31, 2024

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.

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The Energy Law

OCTOBER 26, 2020

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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