The Energy Law

SEPTEMBER 21, 2016

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. is another top-lease case from the Amarillo Court of Appeals. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Laddex, Ltd.

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The Energy Law

MARCH 17, 2022

Aethon Energy Operating, L.L.C. , 11, 2022), provides further guidance on what must be contained in correspondence from parties making demand on an operator under La. 30:9(B) in which Aethon Energy Operating, L.L.C. Aethon”) was the designated operator. Kelly Land Company, L.L.C. 4th 369 (5th Cir. Kelly Land Co.,

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The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law

MAY 5, 2023

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 Court narrowed its discussion to whether MRC’s operations were “delayed by” an event of force majeure.

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The Energy Law

MARCH 31, 2022

For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. BPX Operating Co., Chesapeake. The district court recognized this was a res nova issue for which there was no authority directly on point.

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The Energy Law

MAY 4, 2023

250.1701 providing that RUE holders and prior lessees or owners of operating rights of the parcel on whose leases there existed facilities or obstructions that remain on the RUE are jointly and severally liable for meeting accrued decommissioning obligations. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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The Energy Law

MAY 24, 2023

BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. 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

JANUARY 2, 2020

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.

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The Energy Law

JUNE 6, 2013

In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. 1/16/13), 108 So.

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The Energy Law

MARCH 26, 2019

District Court for the Western District of Louisiana held that a unit operator may not recover post-production costs from an unleased mineral owner’s share of production proceeds in Allen Johnson, et al. 30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3]

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The Energy Law

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).

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The Energy Law

SEPTEMBER 19, 2016

1] Operators face more BSEE inspections, Incidents of Non-Compliance (INCs), and civil penalties than ever before. See Island Operating Co., BSEE collected civil penalties in 22 cases in 2009, 26 cases in 2010, 30 cases in 2011, 31 cases in 2012, 42 cases in 2013, 53 cases in 2014, and 42 cases in 2015.

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The Energy Law

JANUARY 4, 2007

The Miesch case, set for argument on February 13, is one of two related cases decided by the Corpus Christi Court of Appeals last year. The Corpus Christi court of appeals reversed the summary judgment and remanded the case to the trial court. Exxon failed to act as a reasonably prudent operator in plugging the wells; 3.

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The Energy Law

FEBRUARY 20, 2009

Mineral, surface, and subsurface leases on the various properties have been granted to seven separate entities for oil and gas operations on the property. The case was then transferred to Vermillion Parish, Louisiana pursuant to exceptions filed by the defendants for improper venue.

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The Energy Law

NOVEMBER 2, 2022

One of the Facility Defendants removed the case to federal court on the basis of diversity jurisdiction, arguing that complete diversity existed between all properly joined defendants and the Plaintiffs. 1] The Court found that remand was necessary in the case at issue because of the uncertainty of whether discretionary immunity under La.

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DIC Oil Tools

JULY 31, 2024

Dedicated Impex FZE is a provider of Drill Pipe Protectors and operates under the brand name DIC Oil Tools. This is particularly important because any damage to these areas can compromise the structural integrity of the pipe, leading to potential failures during operations. DIC products have earned ISO and API certifications.

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The Energy Law

JULY 6, 2023

In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place.

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The Energy Law

MARCH 7, 2018

In a decision issued today, the Louisiana Third Circuit Court of Appeal issued the first appellate court opinion addressing the procedure for approval of settlements in cases governed by Act 312 (La. Having no objection to settlement in this case, the trial court correctly approved the settlement. Riceland Petroleum Corp.,

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The Energy Law

APRIL 3, 2023

operate the property leased as a reasonably prudent operator for the mutual benefit of himself and his lessor.” 141 (providing that dissolution of a mineral lease is not a favored remedy and should only be granted in cases where “the remedy of damages is inadequate to do justice.”). compare to La.

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The Energy Law

OCTOBER 19, 2020

Additionally, a motion to recuse was filed to remove Justice Crain from the case. Justice Crain had been previously removed from a case involving the Talbot, Carmouche, and Marcello law firm; however, in this case, the Louisiana Supreme Court denied Plaintiff’s request, allowing Justice Crain to consider the writ application.

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The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. LL&E I held that even without a Corbello -like express contractual provision, defendants who operated unreasonably accrued an implied obligation under the Mineral Code to restore property above and beyond regulatory environmental standards. Louisiana Land and Exploration Co.,

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The Energy Law

JANUARY 10, 2011

Further, the responsible party for a vessel is any person owning or operating the vessel. OPA, however, also provides a responsible party with a complete defense to liability in the following circumstance: A responsible party is not liable.if

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The Energy Law

SEPTEMBER 4, 2012

By Jana Grauberger The Texas Supreme Court distinguished several Texas appellate court decisions and held the exculpatory clause in a joint operating agreement (“JOA”) applicable not just to operational activities undertaken by the operator, but to all activities of the operator under the JOA. 10-0887, slip op.

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The Energy Law

DECEMBER 29, 2008

by April Rolen-Ogden This case involved a suit by an unleased landowner against an oil and gas unit operator seeking unpaid production proceeds. The landowner owned a portion of a small tract of property, which was included in an oil and gas production unit that was apparently being operated by the defendant, Cedyco.

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The Energy Law

AUGUST 8, 2017

T]he opinion will have a most chilling effect on the financing of oil and gas operations, which in turn will have an adverse economic effect on government and business in our state. 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

MARCH 7, 2023

That rationale led to the Court’s holding that the mere use of one-eighth in a double fraction is some evidence that the parties were operating under the estate misconception theory. In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Dils Co. , 2d 904 (Tex. Element Petroleum Props.,

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The Energy Law

JUNE 12, 2015

Previous Court Ruling In many cases alleging damage to property arising from historic oil and gas operations, the plaintiff was not the owner at the time of the alleged damage, but instead is the subsequent purchaser of the property at issue. In Eagle Pipe and Supply, Inc. Amerada Hess Corp. , 10-2267 (La. 10/25/11), 79 So.

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The Energy Law

APRIL 6, 2017

Chesapeke Operating, LLC , the Sierra Club alleged that the deep injection of liquid waste from oil and gas activities has caused an increase in the number and severity of earthquakes in Oklahoma. Defendants Chesapeake Operating, LLC, Devon Energy Production Co., LP, and New Dominion, LLC moved to dismiss the case on several grounds.

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The Energy Law

JANUARY 30, 2008

173 IBLA 250 (2008), affirms an MMS denial of a Suspension of Operations (“SOO”) where the lessee submitted an revised exploration plan (“EP”) and permit to drill (“APD”) just days before the lease’s 10-year primary term expired, but was unable to conduct lease activities before the expiration date.

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The Energy Law

AUGUST 4, 2023

Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. This substance can be dangerous to the environment, so operators are required to carefully dispose of it—a costly endeavor. COG Operating, LLC , No.

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The Energy Law

APRIL 21, 2023

Liskow will share regular updates throughout the Louisiana Legislative Session about CCS legislation on this blog and our website. 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

Liskow will share regular updates throughout the Louisiana Legislative Session about CCS legislation on this blog and our website. 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

OCTOBER 13, 2023

The below table highlights the main differences between OPA 90 and the CLC: ISSUE OPA 90 CLC 92 Liable Parties Owner, operator, bareboat charterer, or a third party whose sole action caused the oil spill. Violation of a federal safety, construction, operation regulation; or 3. Gross negligence or willful misconduct; 2. Failure to a.

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The Energy Law

MARCH 2, 2009

The Court reached this holding based on the wording of the applicable JOAs, which were both based on the American Association of Petroleum Landmen Model Form Operating Agreement 610-1982. Smith”) was the operator of the Bloomberg oil and gas lease, whose operations were governed by two JOAs. Smith Production Inc.,

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The Energy Law

FEBRUARY 8, 2012

Legacy Reserves Operating, LP, No. 12, 2012). Raven Resources (“Raven”) was interested in selling certain oil and gas related-properties to Legacy Reserves Operating LP, (“Legacy”). Raven employed Michael Lee as its primary contact in negotiations with Legacy over the sale of the property involved in the case.

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The Energy Law

JUNE 22, 2021

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., 5/25/21), 2021 WL 2102932, —So. million purchase price.

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The Energy Law

APRIL 12, 2012

Denbury Green Pipeline-Texas LLC, a subsidiary of Denbury Resources, applied with the RRC for a permit to build and operate a CO 2 pipeline in Texas. Denbury Green noted in its permit application that the CO 2 pipeline would be operated as a “common carrier”, and indicated that the gas would be “owned by others, but transported for a fee.”

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