Article, Casing and Pipeline - Energy Aggregated

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

JANUARY 28, 2022

Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs. Read the opinion here.

Pipeline

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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

JANUARY 28, 2022

Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs. Read the opinion here.

Pipeline

Pipeline Gas E&A Education

Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock

The Energy Law

NOVEMBER 27, 2023

Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. Claimants sought damages for alleged pipeline damage caused by the SEACOR POWER as well as economic damages from deferred oil production. Supreme Court in Robins Dry Dock & Repair Co.

Pipeline

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Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments

The Energy Law

JUNE 29, 2023

In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Court of Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of pipelines when a local assessor uses values that are too high or do not reflect fair market value. In Enerfin Field Services v. 22-740 (La.

Pipeline

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

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.

Pipeline

Pipeline Casing E&A Gas

Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law

JULY 3, 2019

a case concerning Texas partnership law. The dispute between ETP and Enterprise began in 2011, when Enterprise approached ETP about potentially building a crude oil pipeline together. for the construction of the pipeline. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

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.

Pipeline

Pipeline Casing Exploration and Production E&A

Pipeline Canal Class Action Dismissed

The Energy Law

DECEMBER 1, 2006

Judge Sarah Vance of the Eastern District of Louisiana dismissed a suit in which plaintiffs claimed that oil and gas production and pipeline companies’ activities in South Louisiana marshes contributed to the destruction wreaked by hurricanes Katrina and Rita. Columbia Gulf Transmission, et al.

Pipeline

Pipeline Exploration and Production Casing Oil

United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge to FERC Certificate Holder’s Condemnation of State-Owned Land

The Energy Law

AUGUST 3, 2021

On June 29, 2021, the United States Supreme Court, in a 5-4 vote, held that a natural gas company’s right to condemn property for a pipeline under the Natural Gas Act includes the right to condemn state-owned property. In PennEast Pipeline Co. 2] PennEast Pipeline, PennEast Pipeline Statement on Favorable U.S.

Pipeline

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Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

The Energy Law

SEPTEMBER 29, 2020

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Martin Parish and were needed for construction of the pipeline. Acres, More or Less, Located in St. Martin Parish, et al. [1]

Pipeline

Pipeline Casing IT E&A

2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

The Energy Law

JANUARY 31, 2023

10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

Oil

Oil Offshore Pipeline E&A

BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices

The Energy Law

MAY 4, 2023

When BSEE issues an order to predecessors, it requires them to monitor, maintain, and decommission all wells, pipelines, and facilities to minimize safety hazards, environmental harm, and interference with navigation or other uses of the OCS. BSEE’s final rule can be found at 88 Fed. 23569 (April 18, 2023).

Exploration and Production

Exploration and Production E&A Casing Operator

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases.

Casing

Casing Operator Oil IT

EPA and Army Corps Release New WOTUS Rule

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. Communications include firm news, insights, and events.

E&A

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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases.

Casing

Casing Operator Oil IT

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

JUNE 22, 2021

Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., This opinion reinforces several key concepts in legacy cases.

Casing

Casing Operator Oil IT

Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

The Energy Law

SEPTEMBER 29, 2020

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Martin Parish and were needed for construction of the pipeline. Acres, More or Less, Located in St. Martin Parish, et al. [1]

Pipeline

Pipeline Casing IT Oil

Texas Supreme Court Decides Energy Transfer Partners v. Enterprise Products

The Energy Law

JANUARY 31, 2020

a case previously featured on the Blog. This case began in 2011 when ETP and Enterprise explored the possibility of partnering to modify and extend, or construct anew, a pipeline to transport oil southbound from Cushing, Oklahoma. The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P

Energy

Energy Energy Casing Exploration and Production

COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

The Energy Law

MARCH 27, 2020

In all cases, the inquiry is likely to be fact-specific. The Louisiana Civil Code calls these obstacles “fortuitous events,” which Article 1875 defines as “one that, at the time the contract was made, could not have been reasonably foreseen.” One 1842 breach-of-contract case involving a yellow fever epidemic is instructive.

E&A

E&A IT Casing Pipeline

Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

OCTOBER 15, 2020

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.

Pipeline

Pipeline Operator E&A Abandonment

U.S. Fifth Circuit Clarifies “Substantial Nexus” Test for LHWCA

The Energy Law

AUGUST 19, 2020

After the incident, two of the offshore platforms connected by pipeline to the platform where the work was performed had to be shut down. The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations. The jury found there was.

Operator

Operator Offshore Casing Pipeline

Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease Required Royalties to be Paid on Prices in Excess of the Producers’ Gross Proceeds

The Energy Law

MARCH 15, 2023

Anything to the contrary herein notwithstanding, it is expressly provided that the terms of this paragraph shall be controlling over the provisions of Paragraph 3 of this lease to the contrary and this paragraph shall not be treated as surplusage despite the holding in the cases styled “Heritage Resources, Inc. NationsBank”, 939 S.W.2d

Royalty

Royalty Oil Gas Downstream

EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting

The Energy Law

JANUARY 31, 2024

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. 2:23-CV-00692 (W.D. Communications include firm news, insights, and events.

IT

IT E&A Government Pipeline

OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

The Energy Law

JANUARY 10, 2020

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. Riverboat Services of Indiana, Inc., 451 F.3d 3d 424 , 444 (7th Cir. In 2010, Congress empowered OSHA to administer claims arising under the SPA.

Transportation

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

OCTOBER 15, 2020

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.

Pipeline

Pipeline Exploration and Production Operator E&A

Trudging the Rocky Landscape of Royalty Dispute Litigation with the Texas Supreme Court Yet Again in BlueStone

The Energy Law

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.

Royalty

Royalty Exploration and Production Oil IT

Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental Justice Concerns

The Energy Law

SEPTEMBER 28, 2022

In the seminal case Save Ourselves, Inc. 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. Env’tl Control Com’n , 452 So. 2d 1152, 1156 (La. FERC, 867 F.3d 3d 1357, 1369 (D.C.

IT

IT E&A Pipeline Education

Louisiana Legislature Modifies Oilfield Cleanup Legislation

The Energy Law

JUNE 4, 2012

Defendants in such cases could avoid additional cleanup responsibility by operation of law as well as doctrines of res judicata and issue preclusion. It enacts two new articles, 1552 and 1563. To address this issue, a preliminary hearing was added to Act 312 to allow defendants to seek preliminary dismissal at the outset of a case.

Casing

Casing IT E&A Management

U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law

MAY 26, 2023

2] Justice Kennedy’s concurrence disagreed, stating that the Army Corps of Engineers (Corps) must establish a significant nexus between wetlands and adjacent non-navigable tributaries on a case-by-case basis if the wetlands were to be regulated. [3] Communications include firm news, insights, and events.

Casing

Casing E&A IT Pipeline

President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit

The Energy Law

MARCH 31, 2021

Section 6 of the Order revoked TransCanada Keystone Pipeline, L.P.’s s March 2019 permit to construct and operate cross-border pipeline facilities at the U.S.-Canada Critical to the success of this project is TC’s attainment of a Presidential Permit allowing the company to construct a pipeline that crosses the border between the U.S.

Pipeline

Pipeline Operator E&A Energy

President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit

The Energy Law

MARCH 31, 2021

Section 6 of the Order revoked TransCanada Keystone Pipeline, L.P.’s s March 2019 permit to construct and operate cross-border pipeline facilities at the U.S.-Canada The Keystone Pipeline is a system of petroleum pipelines designed to transport crude oil from fields in Alberta, Canada and ultimately terminating at refineries on the U.S

Pipeline

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Energy Aggregated

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

Trending Sources

Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock

Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments

Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

Pipeline Canal Class Action Dismissed

United States Supreme Court Blocks New Jersey’s Sovereign Immunity Challenge to FERC Certificate Holder’s Condemnation of State-Owned Land

Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

2023 Begins With Increased (or Unlimited) Liability for Vessel Owners

BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

EPA and Army Corps Release New WOTUS Rule

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

Texas Supreme Court Decides Energy Transfer Partners v. Enterprise Products

COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives

Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

U.S. Fifth Circuit Clarifies “Substantial Nexus” Test for LHWCA

Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease Required Royalties to be Paid on Prices in Excess of the Producers’ Gross Proceeds

EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting

OSHA Awards Damages for Retaliatory Discharge of Jones Act Seaman in Violation of Seaman’s Protection Act

Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

Trudging the Rocky Landscape of Royalty Dispute Litigation with the Texas Supreme Court Yet Again in BlueStone

Louisiana State Court Reverses Issuance of Air Permits, Citing Environmental Justice Concerns

Louisiana Legislature Modifies Oilfield Cleanup Legislation

U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit

President Biden Faces Constitutional Challenges to Revocation of Keystone XL Permit

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