The Energy Law Blog

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 County of San Mateo et al. 1442(a)(1). In City of Oakland et al.

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The Energy Law Blog

FEBRUARY 26, 2021

Following discovery, Parsons filed a motion for summary judgment premised on Plaintiffs’ inability to establish Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr.

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The Energy Law Blog

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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Energy Central

SEPTEMBER 23, 2024

Last week, in what must have been a slow news cycle, outlets – including The New York Times and E&E News – reported on a new activist “report” that essentially tallied up the number of climate lawsuits in the world, leaving out a few key details in the process.

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True Energy

NOVEMBER 17, 2024

Written by Marc Published November 18, 2024 Written by Marc Published November 18, 2024 How Energy Flexibility Benefits Utilities and Their Customers With electricity rates climbing and grid reliability under strain, utilities are under pressure to find innovative solutions. PG&E is far from alone.

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The Energy Law Blog

NOVEMBER 27, 2023

Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. This case required a complex analysis of Robins Dry Dock due to separate entities, under claimants’ parent company, owning the pipeline, and leasing the wells and platforms. The Court was not persuaded. 303 (1927).

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The Energy Law Blog

JULY 1, 2021

Devon Energy Production Company, L.P. Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. and several lessors, Michael A.

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The Energy Law Blog

JULY 27, 2023

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. ​The

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The Energy Law Blog

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 Blog

NOVEMBER 2, 2022

Baker Hughes a G E Co., 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. In D & J Invs. of Cenla, L.L.C. 17, 2022) (hereinafter “ D & J Invs.

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The Energy Law Blog

FEBRUARY 26, 2021

Following discovery, Parsons filed a motion for summary judgment premised on Plaintiffs’ inability to establish Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr.

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The Energy Law Blog

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. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project.

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The Energy Law Blog

MAY 4, 2023

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.

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The Energy Law Blog

JANUARY 11, 2022

In doing so, the Court reaffirmed the employment-at-will doctrine, and its decision will likely be cited in many other types of employment law cases, including those asserting wrongful termination claims. It will also be useful to employers in a variety of other cases where their personnel decisions are challenged. Hayes, et al.

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The Energy Law Blog

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 Blog

APRIL 5, 2018

Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., as Owner of the M/T ATHOS I , Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. 2701, et seq.

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The Energy Law Blog

JUNE 3, 2019

That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018. The cases were removed to Federal court by Defendants pursuant to 28 U.S.C. Riverwood Production Co., 1442 (the federal officer removal statute) and 28 U.S.C.

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The Energy Law Blog

JULY 3, 2019

Last week the Texas Supreme Court granted review in Energy Transfer Partners, L.P. a case concerning Texas partnership law. Energy Transfer Partners has garnered significant amicus support on both sides of the “v.” and has been closely followed by the energy industry. Enterprise Products Partners, L.P. ,

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The Energy Law Blog

JUNE 29, 2023

In addition, the Assessor argued that the Louisiana Supreme Court decision in D90 Energy, LLC v. 1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system. 22-740 (La.

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The Energy Law Blog

MAY 3, 2023

Under this doctrine, “a court may decline to exercise its jurisdiction and dismiss a case that is otherwise properly before it so that the case can be adjudicated in another forum.” This is the analysis the Court applied in the instant case of Noble House LLC v. To date, Underwriters have not denied coverage.

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The Energy Law Blog

JANUARY 28, 2022

QEP Energy Company , the U.S. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. 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. Read the opinion here.

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The Energy Law Blog

JANUARY 28, 2022

QEP Energy Company , the U.S. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. 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. Read the opinion here.

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The Energy Law Blog

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction.

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The Energy Law Blog

MAY 18, 2021

1447(d), a provision that specifically authorizes interlocutory appeal of an order remanding a case removed pursuant to the federal officer removal statute. The energy companies removed Baltimore’s case to federal court asserting several bases for federal court jurisdiction, one of which was federal officer jurisdiction.

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The Energy Law Blog

JANUARY 31, 2020

The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P a case previously featured on the Blog. This case began in 2011 when ETP and Enterprise explored the possibility of partnering to modify and extend, or construct anew, a pipeline to transport oil southbound from Cushing, Oklahoma.

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The Energy Law Blog

JULY 1, 2021

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 . In the landmark oilfield remediation case Corbello v. LL&E II , at *2.

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The Energy Law Blog

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. 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 addition to the estate misconception theory, the Court analyzed the “legacy of the one-eighth royalty.”

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The Energy Law Blog

FEBRUARY 28, 2023

Plaintiffs argued for the application of the Jazz Casino and Lowther cases, in which the Court held that there was no discretion required to appropriate funds for judgments on overpaid taxes and firefighters’ back wages, respectively. State of Louisiana through the Department of Natural Resources , 22-0625 (La. 1/1/23), So.

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The Energy Law Blog

MAY 10, 2019

Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. 5/8/19), the Court held the collateral source rule inapplicable to medical expenses charged above the amount actually paid by a workers’ compensation insurer pursuant to the workers’ compensation medical fee schedule. The court of appeal denied the plaintiff’s writ in a 2-1 decision.

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The Energy Law Blog

SEPTEMBER 16, 2014

Trans Energy, Inc. , 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.

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The Energy Law Blog

AUGUST 10, 2015

Together, the adopted amendments evidence the Court’s emphasis on promoting cooperative case management and reducing the delays and considerable costs often associated with the discovery process. A complete set of the amended and adopted rules may be accessed by clicking here. [1] 2] This theme is embraced throughout the adopted amendments.

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The Energy Law Blog

OCTOBER 2, 2020

Today, the United States Supreme Court granted a Petition for Certiorari filed by energy companies in Baltimore’s climate change lawsuit. 1447(d) limited its review of the district court’s remand order to only those grounds which were based on the energy companies acting under the authority of a federal officer.

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The Energy Law Blog

JANUARY 20, 2021

Yesterday, the United States Supreme Court heard oral arguments in the climate change lawsuit filed by the City of Baltimore in 2018 against energy companies. This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change.

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The Energy Law Blog

JULY 6, 2023

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. 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.

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The Energy Law Blog

JANUARY 15, 2020

ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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The Energy Law Blog

MARCH 17, 2022

Aethon Energy Operating, L.L.C. , 30:9(B) in which Aethon Energy Operating, L.L.C. Louisiana Revised Statutes 30:103.1 have been heavily litigated in recent years, but there are only a handful of reported decisions interpreting these statutes. Kelly Land Company, L.L.C. 4th 369 (5th Cir. In the suit, the plaintiff, B.A. Kelly Land Co.,

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The Energy Law Blog

SEPTEMBER 8, 2023

The final rule additionally does not clarify the phrase “relatively permanent” in the rule, signaling that such decisions will likely be made on a case-by-case basis by the local Army Corps district. On September 8, 2023, EPA and the U.S. The final rule revises the agency regulations in light of the U.S.

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