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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. App.
Non-subscribers get at least a few free articles per month, though you may have to give your e-mail address.) The article provides quite a few impressive references. Well, this is biting off a lot to chew. But it does address many of the issues that I see discussed on EnergyCentral.com.
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 . LL&E II , at *2. 3d 1038 (“ LL&E I ”) marked a key development.
4/6/22), –So. 3d–, the Louisiana Third Circuit denied the LDNR’s claims for recovery of over 6.3 million dollars in emergency costs from prior operators of an orphaned well. 30:80 et seq. This revision to the OSRL also allowed the LDNR to tap into the Fund to pay for emergency response costs. Lyon Well #1. with stopping the leak.
In an opinion authored by Chief Justice Weimer, the state’s highest court reaffirmed the principle that the employment-at-will doctrine is firmly established in the Louisiana Civil Code at article 2747. [1] Hayes, et al. University Health Shreveport , 21-01601 (La. It also held that the informed consent statute codified at La.
Further, unsubstantiated arguments to the jury, such as comparisons of mental anguish to the cost of a fighter jet, a work of art, or miles driven by a defendant’s vehicles, are improper and lack a connection to the actual mental anguish claimed. This case arises from a fatal accident on an icy, unlit stretch of highway near Amarillo, Texas.
On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. The KIEFFER E. A collision resulted due to the STRANDJA being outside of the anchorage and not adequately communicating with the KIEFFER E. The KIEFFER E. Navigation Maritime Bulgare JSC, et al. , BAILEY collided on the Mississippi River. Balkan Navigation Ltd.
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 below checklist, current as of March 3, 2023, summarizes the required operational and onboard changes. Click here to access our checklist.
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.
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.
On June 15, 2023, the United States Court of Appeals for the Fifth Circuit held that the State of Louisiana lacked standing to challenge the National Marine Fisheries Service (NMFS) Final Rule requiring certain shrimping vessels in Louisiana waters to use turtle excluder devices (TEDs). This requirement was to go into effect on August 1, 2021.
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.
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.
The court stated, “[W]e find the directives from the Louisiana Supreme Court in Save Ourselves ,… which require consideration of ‘economic, social, and other factors,’ broad enough to include an analysis of environmental justice, as defined by the EPA.” It, however, found that LDEQ had fulfilled its duty in this instance. What is EJ?
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.
This article focuses on the latter. Like traditional exploration and development, CCUS projects require the operator to secure both the necessary private property rights from landowners as well as regulatory approval from the appropriate administrative agency in order to proceed. Regulatory approval for CCUS falls under two broad categories.
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. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.
A petition filed on July 19 by Sierra Club and Healthy Gulf seeks review of a “dredge and fill” permit granted by the U.S. Army Corps of Engineers to Driftwood LNG – a liquefied natural gas (LNG) export terminal under construction near Lake Charles. 717r(d)(1)). [2]. 717r(d)(1)). [2].
The pursuit of alternative energy sources has become increasingly important in our quest for a sustainable future. Lithium, a key component in rechargeable batteries, has emerged as a vital element for powering electric vehicles and storing renewable energy. A brine extraction prospect would be very similar to an oil and gas prospect.
On August 20, 2018, Noble House’s yacht lost its port-side rudder while entering a channel in the Bahamas. The following day, Noble House advised Underwriters at Lloyd’s, its insurer, of the casualty, whose policy allegedly covered the claim. Allegedly, the cover note was not prepared by Underwriters, but by Noble House’s own insurance broker.
On June 2, the U.S. Court of Appeals for the Third Circuit analyzed what constitutes a prima facie maritime claim sufficient to support attachment of property under Rule B of the Supplemental Rules of Admiralty of the Federal Rules of Civil Procedure. Property of the defendant within the district is then subject to seizure.
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. Vernon Parish Board of Review , No.
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.
In a nod to LGBTQ+ Pride Month and the one-year anniversary of the Supreme Court’s landmark decision in Bostock v. Clayton County , the U.S. It also provides individuals who believe they have been discriminated against with information on how to file a charge with the EEOC. In discussing the new resources, EEOC Chair Charlotte A.
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 Louisiana State Mineral & Energy Board (“Mineral Board”) is the body tasked with overseeing the mineral resources owned by the State of Louisiana.
MRC Permian Company , — S.W.3d 21-0461, 2023 WL 3028100 (Tex. 2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline. The actual deadline, however, was May 21, 2017.
. § 30:2044, the regulations provide for the reduction or elimination of civil penalties for certain violations disclosed to LDEQ as the result of a voluntary environmental self-audit. The regulations also provide for other miscellaneous provisions, such as those relating to confidentiality of documents and prescription of violations. LAC § 33:I.7007(A).
In Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC , — S.W.3d 22-0095, 2023 WL 3556695 (Tex. The dispute originated from certain joint operating agreements executed by Ovintiv and 1776 Energy, under which Ovintiv was the operator, to develop and produce minerals from oil and gas leases in Karnes County, Texas.
Congress has dedicated $4.7 billion to orphan well plugging, remediation, and restoration activities nationwide through the Infrastructure Investment and Jobs Act (“IIJA”). A substantial portion of this money will be apportioned to the various states based on each state’s capacity and ability to effectively utilize the funds to plug orphan wells.
On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. The bill, HB 590 , extends a prior substantive change in the law that was affected by the 2012 amendments to La. In turn, the nonparticipating owner is responsible for its own lease burdens.
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. draw[ing] no distinctions based on industry or risk of exposure to COVID-19.”
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 Order, however, does not limit oil and gas operations under valid leases, so previously approved activities and operations can continue.
GOM Lease Sale: The U.S. Bureau of Ocean Energy Management (BOEM) held its long-anticipated offshore wind lease sale for the federal Outer Continental Shelf (OCS) in the Gulf of Mexico (GOM) on Tuesday, August 29, 2023. Disappointingly, the sale resulted in a single $5.6 RWE, as the provisional winner, earned two bidding credits from this auction.
As the number of solar projects continues to grow in Louisiana, a chief concern among Louisiana taxpayers is ensuring that these projects are properly decommissioning upon their abandonment. Solar development is largely in its infancy in Louisiana, with only a handful of projects having been constructed to date.
Baker Hughes a G E Co., In D & J Invs. of Cenla, L.L.C. plaintiffs, forty-eight landowners of property located near the facility, brought a state court action for claims of property damage from groundwater and soil contamination caused by the facility’s improper waste disposal processes. 21-30523, 2022 WL 9862487 (5th Cir.
On June 9, 2021, Texas Governor Greg Abbott signed House Bill 1284 (“HB 1284”), which was introduced along with its Senate companion, SB 450, during the state’s 87th legislative session. A Class VI Underground Injection Control permit is required prior to drilling and operating a Class VI well for CCUS operations.
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 . LL&E II , at *2. 3d 1038 (“ LL&E I ”) marked a key development.
As of June 7, 2023, a bill aiming to prohibit entities controlled by “foreign adversaries” from buying, leasing, or otherwise acquiring immovable property in the state has passed both the Louisiana House and Senate and is now awaiting the Governor’s approval. Sponsored by Rep. Valerie Hodges, Louisiana House Bill No.
The Texas Supreme Court recently released its opinion in Van Dyke v. Navigators Grp. , 21-0146, 2023 WL 2053175 (Tex. 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 support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v.
On June 9, 2021, Texas Governor Greg Abbott signed House Bill 1284 (“HB 1284”), which was introduced along with its Senate companion, SB 450, during the state’s 87th legislative session. A Class VI Underground Injection Control permit is required prior to drilling and operating a Class VI well for CCUS operations.
Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law’s most unique aspects. These issues are briefly addressed below. Cargo Damage In the United States, cargo damage due to fire is treated differently than damage from other causes.
In the interest of full disclosure, the authors of this article served as counsel of record on behalf of an amici group in Johnson, as counsel of record on behalf of the defendants in Self, and as counsel of record on behalf of various Louisiana operators in other lawsuits implicated by Johnson and Self. Chesapeake. BPX Operating Co.,
On September 8, 2023, EPA and the U.S. Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) such that certain wetlands are removed from federal jurisdiction. The final rule revises the agency regulations in light of the U.S.
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. Tammany zoning ordinance prohibiting hydraulic fracturing was preempted under State law. [4] 1] The proposed ordinance can be viewed here: L.P.
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