The Energy Law

DECEMBER 20, 2023

Part I of this blog covers some basics about state and federal courts, explaining why the jurisdictional question of where a case will be decided is often contested. Federal Court “Removal” is the name for the process when a party transfers a case originally filed in a state court to a federal court. Only the court is different.

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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

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. . 1442(a)(1). In City of Oakland et al. BP PLC et al. 1442(a)(1).

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The Energy Law

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

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

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

JULY 1, 2021

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. 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.

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The Energy Law

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

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

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

MAY 5, 2023

That drilling rig was also scheduled to drill two other wells before drilling the well at issue, but MRC could have forgone drilling the two other wells to drill the new well, in which case it would have met the May 21, 2017 deadline. MRC Permian Company , — S.W.3d 21-0461, 2023 WL 3028100 (Tex. The actual deadline, however, was May 21, 2017.

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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

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

JANUARY 28, 2022

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. QEP Energy Company , the U.S. Read the opinion here.

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The Energy Law

JANUARY 28, 2022

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. QEP Energy Company , the U.S. Read the opinion here.

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The Energy Law

JUNE 29, 2023

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. In Enerfin Field Services v. Vernon Parish Board of Review , No. 22-740 (La. Vernon Parish Board of Review , No.

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The Energy Law

APRIL 4, 2023

As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royalty interests burdening the nonparticipating owner’s lease. On Friday, March 31, 2023, Representative Larry Bagley of Louisiana’s District 7 proposed amendments to Louisiana Revised Statutes § 30:10. Perhaps time will tell.

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The Energy Law

JULY 3, 2019

a case concerning Texas partnership law. 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. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.

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The Energy Law

MAY 24, 2023

The plaintiffs in these cases also challenge the adequacy of the agencies’ assessments under NEPA and the ESA, as well as under the Outer Continental Shelf Lands Act, the Clean Water Act, and the Marine Mammal Protection Act. Communications include firm news, insights, and events.

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The Energy Law

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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Producer's Edge

JANUARY 20, 2025

This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. Pioneer Nat.

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The Energy Law

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

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

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

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

APRIL 3, 2023

The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases. 122); The lessee of a renewable energy lease would be “bound to. compare to La.

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The Energy Law

DECEMBER 29, 2023

1 the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot’s error. On January 3, 2019, the M/V STRANDJA and the M/V KIEFFER E. The KIEFFER E. The KIEFFER E. BAILEY via radio and sound signals.

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The Energy Law

SEPTEMBER 14, 2020

Riverwood to state court, unpersuaded that he “may or must exercise simultaneous jurisdiction by acting on a matter presented to the Fifth Circuit for decision in a case where appellate proceedings are not final but, instead, remain active.” The case is The Parish of Plaquemines v. Riverwood Production Co. , 18-5217 (E.D.

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The Energy Law

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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The Energy Law

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

FEBRUARY 6, 2023

On January 27, 2023, the Louisiana Supreme Court issued a ruling involving claims for negligent infliction of emotional distress (“NIED”) absent physical damage. In Spencer v. Valero Refining Meraux, LLC , 2022-00469 (La. 1/27/23), — So.

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The Energy Law

MARCH 27, 2020

These events have dramatically impacted the world economy, and wreaked havoc on the day-to-day functions of individuals and businesses in the United States and elsewhere. Does this pandemic and resultant disruption constitute a force majeure event under Louisiana and Texas law? In all cases, the inquiry is likely to be fact-specific.

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The Energy Law

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. 657, 43 U.S.C.

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The Energy Law

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. 657, 43 U.S.C.

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The Energy Law

MARCH 25, 2019

This morning I attended oral argument at the United States Supreme Court in the maritime case of Dutra Group v. 1] The question in the case is whether a Jones Act seaman may recover punitive damages on an unseaworthiness claim. Communications include firm news, insights, and events. Batterton. [1]

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The Energy Law

JUNE 21, 2022

Operators may now have the potential to sell carbon credits in exchange for the P&A of inactive, shut-in, or temporarily abandoned wells. The EPA estimates that there are over 3 million known abandoned and orphaned oil and gas wells (AOOG wells) in the United States. Well Eligibility.

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The Energy Law

APRIL 12, 2022

The Litel case began as a legacy lawsuit, in which Pioneer Natural Resources, Inc. Thereafter, the LDNR intervened in the Litel case, seeking recovery of emergency costs from Pioneer and Gary. 30:80 et seq. This revision to the OSRL also allowed the LDNR to tap into the Fund to pay for emergency response costs. Lyon Well #1.

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