The Energy Law Blog

FEBRUARY 26, 2021

Particularly, Mr. Steib alleged he was exposed to asbestos while employed by Parsons Government Services, Inc. The opinion reaffirms a plaintiff’s need for specific testimony in order to establish issues of fact necessary to defeat a motion for summary judgment in an asbestos exposure case. [1] Lamorak Ins. 20-0424 (La.

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The Energy Law Blog

JANUARY 15, 2020

Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. Below we take a closer look at each category of lawsuits and provide an update on where they stand today. People by James v. Exxon Mobil Corp. ,

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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. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and award such “excess remediation” damages.

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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

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

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. 4 1 87 F.4th 4th 678 (5th Cir.

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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

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 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. 657, 43 U.S.C.

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The Energy Law Blog

JULY 28, 2023

Contract salvage is when the shipowner and the salvor agree in advance to the terms governing the salvage operation, including the compensation that will be paid to the salvor. Today, the International Convention on Salvage also governs salvage. These issues are briefly addressed below.

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The Energy Law Blog

JANUARY 20, 2021

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. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court, June 2, 2020 ; and (3) U.S.

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The Energy Law Blog

JUNE 20, 2023

In this case, Tongli Shipping Pte. F]ederal maritime law governs whether a claim sounds in admiralty and that the relevant substantive law governs whether a plaintiff has alleged a valid prima facie claim,” citing Blue Whale Corp. On June 2, the U.S. Tongli”) time chartered the cargo ship M/V Orient Rise to Bunge S.A.

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The Energy Law Blog

JUNE 21, 2022

Additionality is typically not met if the project is mandated by the government because it hinges on the creation of new methane reductions. Operators may now have the potential to sell carbon credits in exchange for the P&A of inactive, shut-in, or temporarily abandoned wells. Well Eligibility.

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The Energy Law Blog

AUGUST 3, 2021

New Jersey , [1] the divided Court held that a certificate from the Federal Energy Regulatory Commission (FERC) entitled PennEast Pipeline Company (PennEast) to use the federal government’s power of eminent domain to seize property owned by the State of New Jersey. In PennEast Pipeline Co.

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The Energy Law Blog

SEPTEMBER 14, 2020

Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Riverwood Production Co. , 18-5217 (E.D.

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The Energy Law Blog

OCTOBER 2, 2020

By granting the petition, the Supreme Court has agreed to review the Fourth Circuit Court of Appeals’ decision remanding the suit to state court after rejecting the energy companies’ contention that they were acting as federal officers pursuant to historical contracts with the federal government.

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The Energy Law Blog

APRIL 21, 2023

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. HB 571 is expected to be scheduled for a vote on the House floor next Wednesday, April 26, or Thursday, April 27.

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The Energy Law Blog

APRIL 21, 2023

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. HB 571 is expected to be scheduled for a vote on the House floor next Wednesday, April 26, or Thursday, April 27.

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Casing E&A Operator Education 52

The Energy Law Blog

JANUARY 20, 2021

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. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court, June 2, 2020 ; and (3) U.S.

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The Energy Law Blog

JULY 18, 2018

the Third Circuit not only provides yet another example of the uniform application of the doctrine in cases involving mineral rights under Louisiana law, but expressly and thoroughly rejects the numerous arguments on which plaintiffs-landowners have continued to rely. In a unanimous opinion issued July 18, 2018 in Grace Ranch, LLC v.

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The Energy Law Blog

FEBRUARY 23, 2024

The policy selected New York law to govern all future disputes arising under the contract. Marine insurance policies are maritime contracts which are governed in the first instance by maritime law. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC , 601 U.S. Raiders Retreat Realty Co., LLC , 601 U.S.

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The Energy Law Blog

SEPTEMBER 14, 2020

Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Riverwood Production Co. , 18-5217 (E.D.

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Casing E&A Education Government 40

The Energy Law Blog

OCTOBER 2, 2020

By granting the petition, the Supreme Court has agreed to review the Fourth Circuit Court of Appeals’ decision remanding the suit to state court after rejecting the energy companies’ contention that they were acting as federal officers pursuant to historical contracts with the federal government.

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The Energy Law Blog

OCTOBER 5, 2020

Producers and governments have shown interest in CCS as it allows for the continued use of fossil fuels while reducing net carbon dioxide emissions. 1] [link] [2] Nigel Bankes, Jenette Poschwatta & E. 1] [link] [2] Nigel Bankes, Jenette Poschwatta & E. 585, 589 (2007). [3]

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The Energy Law Blog

MARCH 26, 2019

30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3] 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. 30:10, which governs agreements for drilling units and pooling interests in Louisiana.

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The Energy Law Blog

OCTOBER 13, 2023

Act of a third party (must be the sole cause) Government negligence (must be the sole cause) Responsible Party Denied Use of Defenses Responsible Party loses defense if he fails to: 1. Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. Report a spill 2.

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The Energy Law Blog

JUNE 24, 2019

Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. 2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit split on this issue.

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The Energy Law Blog

OCTOBER 26, 2020

The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. Jefferson Davis Parish Board of Review , No. 2020-C000200. Louisiana property is assessed by the assessor for the parish where the property is located.

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The Energy Law Blog

OCTOBER 26, 2020

The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. Jefferson Davis Parish Board of Review , No. 2020-C000200. Louisiana property is assessed by the assessor for the parish where the property is located.

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The Energy Law Blog

MARCH 19, 2020

With the plaintiff favorable ruling in Cyan , corporations faced an escalation of ’33 Act claims in state court and became more vigilant about including exclusive federal forum provisions in their governance documents. In its March 2018 ruling in Cyan Inc. Beaver County Employees Retirement Fund , [1] the U.S. Salzberg. [2] 1] Cyan, Inc.

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Drillers

AUGUST 19, 2020

While many citizens were critical of government responses being slow in some countries, overall, reactions were substantial and unprecedented. Once we go back to the new normal we expect that each E&P company will decide which is the most suitable for their needs, in-person or virtual? The criteria will depend on each use case.

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The Energy Law Blog

JANUARY 31, 2024

Namely, it found that (1) Louisiana has a substantial likelihood of success on the merits of its claims; (2) that Louisiana stood to suffer imminent, irreparable injury; and (3) that the injunction would serve the public interest in lawful government actions and in ensuring that the government treat all citizens equally without considering race.

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The Energy Law Blog

DECEMBER 21, 2022

The CCF program is not a “tax shelter” but a government sponsored program by which a vessel owner signs an agreement with the United States Maritime Administration (“MARAD”) which offers significant, legal, tax deferral opportunities. The Capital Construction Fund (“CCF”) program is designed to encourage owners of U.S.

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The Energy Law Blog

MAY 26, 2023

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7]

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The Energy Law Blog

OCTOBER 5, 2020

Producers and governments have shown interest in CCS as it allows for the continued use of fossil fuels while reducing net carbon dioxide emissions. 2] Nigel Bankes, Jenette Poschwatta & E. 2] Nigel Bankes, Jenette Poschwatta & E. The latter option is known as carbon capture and sequestration (“CCS”). 1] [link]. [2]

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The Energy Law Blog

AUGUST 29, 2014

Hastings, it was “unclear how many people actually work in the IRU, what their backgrounds and expertise are,” whether they “serv[e] in a law enforcement capacity” or are authorized to carry firearms, and “how they are to interact with witnesses or collect evidence.” The head of the IRU reports to the BSEE Director. Richard Hastings (R-Wash.),

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