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Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Read the opinion here.
Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Read the opinion here.
Flint 1 applied to the case at hand, barring claimants from recovering economic damages for deferred oil production. Claimants sought damages for alleged pipeline damage caused by the SEACOR POWER as well as economic damages from deferred oil production. Supreme Court in Robins Dry Dock & Repair Co. The Court was not persuaded.
In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Court of Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of pipelines when a local assessor uses values that are too high or do not reflect fair market value. In Enerfin Field Services v. 22-740 (La.
QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. The gas extracted from the wells is not a “fruit” under Louisiana law. Read the opinion here.
a case concerning Texas partnership law. The dispute between ETP and Enterprise began in 2011, when Enterprise approached ETP about potentially building a crude oil pipeline together. for the construction of the pipeline. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.
QEP Energy Company , the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. This case was handled by Paul Adkins of Liskow’s Baton Rouge office. The gas extracted from the wells is not a “fruit” under Louisiana law. Read the opinion here.
On June 29, 2021, the United States Supreme Court, in a 5-4 vote, held that a natural gas company’s right to condemn property for a pipeline under the Natural Gas Act includes the right to condemn state-owned property. In PennEast Pipeline Co.
When BSEE issues an order to predecessors, it requires them to monitor, maintain, and decommission all wells, pipelines, and facilities to minimize safety hazards, environmental harm, and interference with navigation or other uses of the OCS. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.
10] While the rule does not specify whether the new limits apply retroactively to oil spills that occur before the effective date, case law indicates that the change will be prospective only. [11] First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Martin Parish and were needed for construction of the pipeline. Acres, More or Less, Located in St. Martin Parish, et al. [1]
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.
Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. 2020-0622 (La. 10/19/10), 48 So.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Martin Parish and were needed for construction of the pipeline. Acres, More or Less, Located in St. Martin Parish, et al. [1]
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. The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P
Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. 2020-0622 (La. 10/19/10), 48 So.
Chevron Pipelines Company , et al., 3d—, the Louisiana First Circuit recently reaffirmed well-settled principles regarding prescription and the subsequent purchaser doctrine in Louisiana legacy cases. In this case, Lexington Land sued Chevron U.S.A., In Lexington Land Development, L.L.C. 2020-0622 (La. 10/19/10), 48 So.
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. In the MEICO court’s view, that case “counsels strongly” against reading the word “prevent” to mean “make impossible.”
The United States and the West Virginia Department of Environmental Protection alleged that the company impounded streams and discharged dirt, sand, rocks and other materials into streams and wetlands without permits to construct well pads, pipeline stream crossings, surface impoundments, and other structures relating to natural gas extraction.
Anything to the contrary herein notwithstanding, it is expressly provided that the terms of this paragraph shall be controlling over the provisions of Paragraph 3 of this lease to the contrary and this paragraph shall not be treated as surplusage despite the holding in the cases styled “Heritage Resources, Inc. NationsBank”, 939 S.W.2d
By Robert E. For purposes of the rule, the point of custody transfer is defined as the point where hydrocarbon liquids or natural gas enter a pipeline or any other form of transportation, or the point where hydrocarbon liquids or natural gas enter a natural gas processing plant. Holden and Carlos J. 7412 (n)(4)(A).Section
In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No. 2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented.
After the incident, two of the offshore platforms connected by pipeline to the platform where the work was performed had to be shut down. The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations. Chevron Pipe Line Co.
Dicharry and Robert E. To demonstrate that a qualified individual listed in the OSRP can adequately respond to a Worst Case Discharge (“WCD”) scenario, the OSRP now must identify the response resources available, including personnel, materials, equipment, and support vessels. By Sarah Y. 30 CFR 254.23. NTL 2012 N-06, 3. 30 CFR 254.23(g)(2).
Less than two weeks after the hearing in Louisiana v. EPA , a federal district court granted Louisiana’s request to preliminarily enjoin the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) from imposing or enforcing Title VI of the Civil Rights Act (“Title VI”) based on disparate impact regulations. 2:23-CV-00692 (W.D.
In all cases, the inquiry is likely to be fact-specific. Today, countries worldwide are responding to a pandemic of respiratory disease spreading from person-to-person caused by a novel coronavirus. The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). Black’s Law Dictionary (11th ed.
In a stark reminder of the sanctity of Coast Guard investigations, and the consequences of impeding such investigations, the U.S. On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. 255 suffered an explosion and fire while transporting roughly 2,000 barrels of oil off Port Aransas, Texas. 2114) (the “SPA”). 3d 424 , 444 (7th Cir.
In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No. 2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented.
With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.
In the seminal case Save Ourselves, Inc. On September 14, 2022, the 19 th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations [1] for a Formosa Plastics facility (“FG LA”) planned to be built in St.
. (“Veren”) (TSX: VRN) (NYSE: VRN) are pleased to announce a strategic combination to create a leading light oil and condensate producer with concentrated assets in the Alberta Montney and Duvernay. Under the terms of the Agreement, Veren shareholders will receive 1.05 common shares of Whitecap for each Veren common share held. .”
Defendants in such cases could avoid additional cleanup responsibility by operation of law as well as doctrines of res judicata and issue preclusion. The result was that contaminated property at issue in litigation was left unremediated despite conditions that exceeded regulatory standards. The legislature responded by enacting Act 312.
2] Justice Kennedy’s concurrence disagreed, stating that the Army Corps of Engineers (Corps) must establish a significant nexus between wetlands and adjacent non-navigable tributaries on a case-by-case basis if the wetlands were to be regulated. [3] Supreme Court decision in Sackett v. United States , 547 U.S.
Section 6 of the Order revoked TransCanada Keystone Pipeline, L.P.’s s March 2019 permit to construct and operate cross-border pipeline facilities at the U.S.-Canada Critical to the success of this project is TC’s attainment of a Presidential Permit allowing the company to construct a pipeline that crosses the border between the U.S.
Section 6 of the Order revoked TransCanada Keystone Pipeline, L.P.’s s March 2019 permit to construct and operate cross-border pipeline facilities at the U.S.-Canada The Keystone Pipeline is a system of petroleum pipelines designed to transport crude oil from fields in Alberta, Canada and ultimately terminating at refineries on the U.S
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