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QEP owned a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs.
QEP owned a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land. On the case’s second trip to the Fifth Circuit, the court focused upon the theories of recovery articulated by the Plaintiffs.
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. The lessors won in the trial court; the court of appeals affirmed. Factual Background and Issue. Accordingly, the lessees paid 1/5th of the gross proceeds.
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.
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.
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. Among the many claims asserted between the parties, Marquette Transportation Co.
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
The contracts provided that the sales price of the crude oil was based on index pricing, less an amount sometimes designated as a “transportation differential” or simply as a deduction. The Louisiana Board of Tax Appeals, faced with numerous cases raising this same issue, heard a “test case” involving Avanti Exploration, LLC.
On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. 255 suffered an explosion and fire while transporting roughly 2,000 barrels of oil off Port Aransas, Texas. Two crewmembers perished as a result of the casualty. 2114) (the “SPA”). Riverboat Services of Indiana, Inc., 451 F.3d 3d 424 , 444 (7th Cir.
In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA). Under the NGA, FERC confers eminent domain authority to private entities through issuing a certificate of public convenience and necessity to certain authorized entities, including interstate natural gas transporters.
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
In 2021, an investor installed new carbon capture equipment at the plant to create a single process train for capturing, processing, and preparing to transport the carbon dioxide previously released into the atmosphere. Communications include firm news, insights, and events.
Several years ago, the definition of Qualified Agreement Vessels was expanded to include the short sea transportation trade. 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.
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.
COG also entered into surface use compensation agreements and right-of-way agreements to facilitate its use of the surface when it transported products and waste from the property. That being the case, Justice Palafox did not believe the regulations had any role in determining the ownership of produced water.
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.
In Texas, for example, case law has not yet settled critical questions regarding real property rights for capture, injection, and storage such as the issue of who owns the rights to lease subsurface pore space for carbon storage when the mineral and surface estates have been severed. 1] [link] [2] Nigel Bankes, Jenette Poschwatta & E.
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]
s Transportation, LLC , —- So.3d This case was handled by Paul Adkins in Liskow’s Baton Rouge office. 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. In McDaniel v R.J.’s
s Transportation, LLC , —- So.3d This case was handled by Paul Adkins in Liskow’s Baton Rouge office. 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. In McDaniel v R.J.’s
In Texas, for example, case law has not yet settled critical questions regarding real property rights for capture, injection, and storage such as the issue of who owns the rights to lease subsurface pore space for carbon storage when the mineral and surface estates have been severed. Communications include firm news, insights, and events.
When royalties are valued “at the well,” royalties must be calculated based on either comparable sales or, when comparable sales are not readily available (which is often the case), by subtracting the post-production costs incurred to prepare production for sale from the proceeds received by the lessee from the sale of that production.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. BlueStone Nat. Communications include firm news, insights, and events.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. BlueStone Nat. Communications include firm news, insights, and events.
While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Factual and Procedural Background. BlueStone Nat.
This article examines their findings in depth, presenting hard numbers, economic realities, and 23 major flawed assumptions that cast doubt on the IEAs predictions. What This Means: Diesel will remain the dominant fuel for freight transport, making the IEAs assumption of rapid electrification highly unrealistic.
And its going to get worse, as logistics – transportation costs have become a big burden for foreign potash producers. Which means that if you can produce potash locallywhich by definition means MUCH LOWER transport costswell, you should make A LOT of money. That is a MASSIVE reduction in the cost of transportation.
Working on an offshore oil rig or platform is a unique experience Note: In this article, we’ll use the word ‘rig’ and ‘platform’ almost interchangeably, but a rig does the drilling, and a platform does the pumping. Your employer also has the contact details of your family in case of an emergency.
Having in mind different Energy Transition scenarios mentioned in my last article, society, business, and legislation have a hurdle how to properly assess its contribution to our end goal, which is saving the planet. The last two are commonly produced by industry and transport. Ozone is the main ingredient of smog.
AN OBVIOUS BUSINESS CASE Lithium-iron-phosphate batteries are taking share at a breathtaking rate. Passalacqua is not messing around.Unlike juniors that drag their feet on getting a mine built, it is CERTAINLY not the case here. First Phosphatehas reviewed and sponsored this article. Only their unique geology can do this!
Crude oil is one of the most vital commodities in the world, powering industries, transportation, and economies globally. This is a very lengthy process that can take years in some cases. Mineral ownership was assigned to original landowners, dating back to sovereignty in many cases.
Background 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 The outcome of this case could have a significant impact on his strategy going forward. [1] Constitution. Gulf Coast. energy security, and oil prices. [7]
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 The outcome of this case could have a significant impact on his strategy going forward. [1] Constitution. Background. Gulf Coast. 2] Texas, et al. 2] Texas, et al.
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