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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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

The Energy Law

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. 303 (1927).

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

The Energy Law

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.

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Supreme Court of Texas Revises Opinion in Pipeline Common-Carrier Case

The Energy Law

By Carlos Moreno : The Supreme Court of Texas recently delivered a revised opinion discussing the power of eminent domain exercised by a common carrier CO2 pipeline. Denbury Green Pipeline-Texas, LLC , No. Denbury Green then attempted to condemn a pipeline easement from land owned by Texas Rice Land Partners, Ltd. Texas Rice”).

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Accordingly, the district court granted summary judgment in favor of QEP as to all of Plaintiffs’ claims.

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All or Nothing: Regulators Strictly Define Pipeline Abandonment

The Energy Law

On August 16th, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to clarify the regulatory requirements that may vary depending on the operational status of a pipeline under 49 C.F.R. These pipelines may still contain hazardous materials. Parts 192 and 195 (2016).