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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. On the other hand, the legal commentary has virtually ignored the importance of Nationwide Permits (NWPs) 12 and 39 to E&P activities.

E&P 40
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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

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).

Casing 52
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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

In this case, Tongli Shipping Pte. 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. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A.

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Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

The Energy Law

The ATHOS I successfully completed the 1,900 mile journey from Venezuela to Paulsboro, but its hull was pierced by a submerged anchor within 900 meters of its intended berth. Procedural History The case was originally tried in a forty-one day bench trial by Judge John P.

Casing 40
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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] Notably, this is the first case in which dissolution of the lease was awarded under Article 140 since the Second Circuit’s ruling in Wegman v. EP Energy E&P Co.,

Royalty 40
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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

The Texas Supreme Court heard oral arguments last week in a case that could substantially clarify, or even fundamentally reshape, the characterization and ownership of underground storage rights in Texas. The case was Myers-Woodward v. The case remains pending before the Texas Supreme Court on petition for review.

Royalty 52
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Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]