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. 4/6/22), –So. 3d–, the Louisiana Third Circuit denied the LDNR’s claims for recovery of over 6.3 Lyon Well #1. with stopping the leak.

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The Energy Law

FEBRUARY 26, 2021

Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. 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]

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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

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

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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

JUNE 2, 2017

In doing so, the Third Circuit created an issue ripe for Louisiana Supreme Court decision. (“Justiss”) entered into a turnkey drilling contract to drill a deep oil well using intermediate casing purchased from Oil Country Tubular Co. In Justiss Oil Company, Inc. Oil Country Tubular Corp., and manufactured by North American Interpipe, Inc.

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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

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

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. Noble House then took this appeal to the Fifth Circuit.

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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. The lessors won in the trial court; the court of appeals affirmed. Factual Background and Issue. The court provided three reasons in support of its holding.

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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

APRIL 6, 2017

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. Second, the court dismissed the case under the “primary jurisdiction” doctrine.

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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. 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

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 December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al. , Balkan Navigation Ltd.

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The Energy Law

FEBRUARY 26, 2021

Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure. 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]

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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

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. Louisiana argued that the TEDs were unnecessary in state waters and would economically harm its shrimp fisheries. The NMFS argued, inter alia , that Louisiana lacked standing.

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The Energy Law

JULY 3, 2019

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

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The Energy Law

AUGUST 8, 2017

Tauren Exploration, Inc. , A vigorous dissent by Judge Bleich warns that, if maintained, the original opinion could have both “[d]evastating economic repercussions” for the lending industry, and “[s]erious and harmful impact on the oil and gas industry.”

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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.

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The Energy Law

MAY 4, 2023

Instead, BSEE decided to retain the current framework, under which BSEE’s position is that it may issue decommissioning orders to any or all jointly and severally liable parties in the chain of title on a case-by-case basis. 250.1700, et seq. . BSEE’s final rule can be found at 88 Fed. 23569 (April 18, 2023).

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The Energy Law

MAY 10, 2019

Invoices from healthcare providers totaled $24,435, but the charges were reduced to $18,435 in accordance with the Louisiana Workers’ Compensation Act Medical Reimbursement Schedule, resulting in a “write off” of $6,000. The court of appeal denied the plaintiff’s writ in a 2-1 decision. In support, it relied on Bozeman v. State , 03-1016 (La.

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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. Multiple environmental impact statements and ESA consultations have a occurred in conjunction with the project. Coit , 1:21-cv-11171-IT; Seafreeze Shoreside, Inc.

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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 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.

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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. The Texas Supreme Court recently released its opinion in Van Dyke v. Dils Co. ,

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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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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.” Background of Legacy Litigation and LL&E I .

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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

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. The final rule revises the agency regulations in light of the U.S. Supreme Court holding in its recent landmark decision, Sackett v.

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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. In turn, the nonparticipating owner is responsible for its own lease burdens.

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The Energy Law

FEBRUARY 4, 2021

This is now the second time this case has been before the Supreme Court on issues of arbitrability. It remanded the case for the Fifth Circuit to determine whether the parties agreed to delegate the arbitrability of the claim at issue to an arbitrator. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

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The Energy Law

APRIL 3, 2023

The remedies provided for failure to pay or provide reasonable grounds for nonpayment largely mimic the damages provisions of the Mineral Code, with the notable exception that the bill does not include the Mineral Code’s express aversion to dissolution of the lease in a case involving a failure to pay royalties. compare to La.

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The Energy Law

MARCH 17, 2022

is an issue that may differ from case to case depending on the content of a party’s notices, this decision provides another data point in an area of oil and gas law with significant consequences for operators in Louisiana. Thus, the issue presented was whether the letters relied upon by Kelly satisfied the requirements of La.

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