The Energy Law

DECEMBER 20, 2023

A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. 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.

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The Energy Law

FEBRUARY 26, 2021

Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Marathon later joined Parsons’s motion. This article addresses Plaintiffs’ substantive arguments.

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The Energy Law

SEPTEMBER 21, 2016

On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. is another top-lease case from the Amarillo Court of Appeals. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Laddex, Ltd.

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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

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

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

JUNE 2, 2017

Justiss”) entered into a turnkey drilling contract to drill a deep oil well using intermediate casing purchased from Oil Country Tubular Co. The casing pipe was API certified to a particular pressure and one of the Defendants’ owners represented to Justiss that the pipe was fit for its intended use. Justiss Oil Company, Inc.

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The Energy Law

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. On October 30, 2023, the U.S.

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SmartBrief

MARCH 11, 2025

We expect teachers, the first responders to educational issues, to ensure our young learners and future leaders know core academic subjects like reading, math, science, and history. The comprehensive, flexible, high-quality curriculum aligns with global educational standards and covers 24 key skills across 115 adaptable modules.

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The Energy Law

FEBRUARY 26, 2021

Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. Marathon later joined Parsons’s motion. This article addresses Plaintiffs’ substantive arguments.

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The Energy Law

MARCH 7, 2018

In a decision issued today, the Louisiana Third Circuit Court of Appeal issued the first appellate court opinion addressing the procedure for approval of settlements in cases governed by Act 312 (La. Having no objection to settlement in this case, the trial court correctly approved the settlement. Riceland Petroleum Corp.,

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The Energy Law

APRIL 19, 2017

Indeed, the court analyzed several recent decisions from Louisiana’s First , Second , and Third Circuits, each of which concluded that the subsequent purchaser doctrine applies in cases involving mineral leases. These decisions uniformly held that, under the reasoning of Eagle Pipe & Supply, Inc. Amerada Hess Corp.

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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

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

APRIL 5, 2018

Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. This raises a dire warning to defendants in cases involving subrogated claims. 2607(d)(2)(B), limited its liability in the case to the same extent as Frescati’s (which had been limited to approximately $45 million).

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The Energy Law

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

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. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.

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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.

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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. BSEE’s final rule can be found at 88 Fed. 23569 (April 18, 2023).

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The Energy Law

SEPTEMBER 19, 2016

Together, these developments will undoubtedly lead to more litigation and a higher cost of doing business on the Outer Continental Shelf. The number of civil penalty cases has risen gradually since 2009, with a sharp increase over 2013-2015. The average civil penalty amount per case has also grown, especially in the last two years.

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The Energy Law

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.

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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.

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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.

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The Energy Law

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

AUGUST 8, 2017

By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.

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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. The case is Noble House, L.L.C. May 1, 2023).

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The Energy Law

NOVEMBER 2, 2022

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. 1] The Court found that remand was necessary in the case at issue because of the uncertainty of whether discretionary immunity under La.

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The Energy Law

JANUARY 28, 2022

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

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The Energy Law

JANUARY 28, 2022

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

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The Energy Law

MAY 10, 2019

By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.

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The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” Louisiana Land and Exploration Co., 2020-00685 (La.

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The Energy Law

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

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. The majority of these cases have been brought under state nuisance laws. United States , No.

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The Energy Law

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

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v. Dils Co. , 2d 904 (Tex. Element Petroleum Props., 11-21-00103-CV (Tex.

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The Energy Law

APRIL 6, 2017

Defendants Chesapeake Operating, LLC, Devon Energy Production Co., LP, and New Dominion, LLC moved to dismiss the case on several grounds. In this case, the court noted that the Oklahoma Corporation Commission (“OCC”) is vested with exclusive authority to regulate injection/disposal wells.

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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.

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