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Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law

The Trans Energy settlement shows that exploration and production (E&P) companies need a rigorous compliance strategy for wetlands permit requirements. See our previous blog entry on the proposed rule redefining the “waters of the United States” covered by the Clean Water Act.

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Third Circuit Restores Rule B Attachment Based On Breach of Contract Claim Under English Law, Implied Indemnity Claim Not Enough

The Energy Law

The court found that an English law cause of action for general indemnity is not complete until there has been payment to a third party. Because Bunge’s cause of action was not complete, it could not be adjudicated yet. Factual sufficiency requires application of a heightened pleading standard. Fed.R.Civ.P. 649 F.Supp.2d Bunge, S.A.

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EPA’s Proposed Rule on Vessel Incidental Discharges Brings VIDA One Step Closer to Full Implementation

The Energy Law

In the EPA’s 2020 proposed regulations, Lakers are subcategorized and completely exempted from the VGP’s numeric standard but required to implement certain BMPs. 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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FIFTH CIRCUIT BEGINS TO CLEAN UP ITS JURISPRUDENCE ON HOW TO DETERMINE WHETHER A CONTRACT IS (OR IS NOT) MARITIME

The Energy Law

and (2) Does the contract provide or do the parties expect that a vessel will play a substantial role in the completion of the contract? 3] In Crescent , litigation ensued after Crescent’s employee suffered injuries while conducting P&A work on a platform. Carrizo Oil & Gas, Inc. [3] Delta Well Surveyors. [4] 2d 313 (5th Cir.

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Louisiana Second Circuit Provides Clarity on Production in Paying Quantities and Affirms Lease Cancellation Under Mineral Code Article 140 for Failure to Pay Royalties

The Energy Law

Fossil”), with whom Tauren contracted to conduct operations on the property, drilled and completed wells on the leased property in Sections 9, 10, and 16. [5] As of the posting of this blog entry, the delays for appeal have yet to expire. [2] The wells drilled in Sections 9 and 10 were completed to the Cotton Valley formation.

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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

6] Briggs , 2020 WL 355911 at p. *5. 10] Briggs , 2020 WL 355911 at p. *7. 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. 5] Id. 6 (quoting Young v. Ethyl Corp. , 2d 771 (8th Cir.1975)).

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. Removal is also allowed “where federal law completely preempts a plaintiffs’ state-law claim.” claim for relief.” Minton , 568 U.S.

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