The Energy Law

FEBRUARY 26, 2021

Parsons”) from 1975 through 1977 when he worked on the initial construction of Marathon Petroleum Company LP’s (“Marathon”) oil refinery in Garyville, Louisiana. 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.

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The Energy Law

MAY 5, 2023

2023), the Texas Supreme Court held that the lessee could not invoke a force majeure clause to save its oil and gas leases when it inadvertently scheduled its operations to begin after the requisite deadline. The lessee, MRC Permian Company, received four identical oil and gas leases from certain lessors in 2014.

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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. Claimants sought damages for alleged pipeline damage caused by the SEACOR POWER as well as economic damages from deferred oil production.

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The Energy Law

MARCH 15, 2023

The lessees owned working interests in certain oil and gas leases that were executed in 2007. Mewbourne Oil Co.”, Sheppard , — S.W.3d 20-0904, 2023 WL 2438927 (Tex. The leases contained the following royalty provisions: 3. NationsBank”, 939 S.W.2d 2d 118 (Tex. 1996) and “Judice v. 2d [133,] 135-36 (Tex.

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Drillers

MARCH 19, 2020

Working on an offshore oil rig or platform is a unique experience Note: In this article, we’ll use the word ‘rig’ and ‘platform’ almost interchangeably, but a rig does the drilling, and a platform does the pumping. Offshore oil fields represent a substantial portion of the worlds total crude oil output.

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The Energy Law

JUNE 2, 2017

In Justiss Oil Company, Inc. Oil Country Tubular Corp., Justiss Oil Company, Inc. Justiss”) entered into a turnkey drilling contract to drill a deep oil well using intermediate casing purchased from Oil Country Tubular Co. and manufactured by North American Interpipe, Inc. collectively, “Defendants”).

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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

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”). Auster Oil & Gas Incorporated, et al. (“ Auster ”), No. 18-677, 2019 WL 4734394 (W.D.

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The Energy Law

JUNE 2, 2020

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. The two federal district court judges handling the eight cases reached different conclusions on Plaintiffs’ remand motions. BP PLC et al.

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The Energy Law

JULY 3, 2019

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. Enterprise Products Partners, L.P. , Energy Transfer Partners has garnered significant amicus support on both sides of the “v.”

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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

APRIL 5, 2018

ATHOS I had its genesis in a 2004 vessel allision and oil spill on the Delaware River between New Jersey and Pennsylvania. The ATHOS I was contracted to deliver crude oil from Venezuela to a syndicate of CITGO interests, collectively referred to as “CARCO.” Delivery was to occur at CARCO’s marine terminal in Paulsboro, New Jersey.

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The Energy Law

APRIL 17, 2019

In a victory for the oil and gas industry, the Third Circuit rendered a decision rejecting attempts by the Louisiana Department of Revenue to impose severance taxes on crude oil production based on index pricing. The attorneys involved in Avanti case are Cheryl Kornick , James Exnicios , Robert Angelico , and R.J.

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The Energy Law

MARCH 3, 2017

Today, the United States Court of Appeals for the Fifth Circuit affirmed the Eastern District’s exercise of jurisdiction and dismissal on the merits of a headline-grabbing environmental law tort suit against 97 oil and gas companies, seeking to hold those entities responsible for Louisiana’s coastal erosion.

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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

FEBRUARY 26, 2021

Parsons”) from 1975 through 1977 when he worked on the initial construction of Marathon Petroleum Company LP’s (“Marathon”) oil refinery in Garyville, Louisiana. 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.

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The Energy Law

AUGUST 4, 2023

Those leases granted COG the exclusive right to produce “oil and gas” or “oil, gas and other hydrocarbons.” In 2019 and 2020, the property’s surface owners transferred all of their water rights to Cactus, including the right to any water produced from oil and gas wells.

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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

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 21, 2016

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc.

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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

JANUARY 31, 2023

A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S. First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]

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The Energy Law

FEBRUARY 3, 2021

Delaware Basin Resources LLC , 08-20-00060-CV, the Court of Appeals for the Eighth District of Texas (El Paso) recently held oral argument on the proper construction of the word “and” used in a Delaware Basin oil and gas lease. When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2.

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The Energy Law

JUNE 29, 2023

3d 492, which addressed similar issues in the context of oil and gas assets, did not apply. 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

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 13, 2017

9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially liable third party. Following the spill, the U.S.

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The Energy Law

APRIL 6, 2017

On April 4, 2017 , a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. LP, and New Dominion, LLC moved to dismiss the case on several grounds. In Sierra Club v.

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The Energy Law

JUNE 21, 2022

The carbon credit market continues to evolve as oil and gas companies face increasingly stringent regulations to reduce greenhouse gas emissions. The EPA estimates that there are over 3 million known abandoned and orphaned oil and gas wells (AOOG wells) in the United States.

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The Energy Law

MARCH 17, 2022

The December 15, 2017 letter also expressly identified Kelly as an “[u]nleased [o]wner of oil and gas interests” and identified the units operated by Aethon, along with the names and serial numbers of wells operated by Aethon. As such, the Fifth Circuit reversed the district court and ruled in favor of Kelly on its forfeiture claim under La.

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The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. Iowa Production , landowners sued oil and gas companies for breach of a mineral lease. After the LL&E I decision, the case went to trial in 2015. Louisiana Land and Exploration Co., 2020-00685 (La. 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. 2d 686 (La.

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The Energy Law

FEBRUARY 3, 2021

Delaware Basin Resources LLC , 08-20-00060-CV, the Court of Appeals for the Eighth District of Texas (El Paso) recently held oral argument on the proper construction of the word “and” used in a Delaware Basin oil and gas lease. When the primary term ended in February 2017, DBR had drilled on Section 6, but not on Section 2.

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The Energy Law

JANUARY 15, 2020

Lawsuits against fossil fuel companies: Investor Fraud Lawsuits: The first category of climate change litigation alleges that oil and gas companies defrauded investors by falsely stating that the company had fully considered the risks of climate change regulation and had factored those risks into its business operations.

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The Energy Law

NOVEMBER 10, 2017

Case: United States v. Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial Lines, L.L.C. , 16-31150, F.3d 3d (5th Cir. 2703(a) 33 U.S.C.

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The Energy Law

APRIL 4, 2019

Environmental Protection Agency (EPA) announced it had finalized a voluntary disclosure program for new owners of upstream oil and natural gas exploration and production facilities. In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. 44991 (Aug.

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Upstream Natural Gas Oil Gas 40

The Energy Law

MAY 4, 2023

RUE grants are authorizations from BOEM to use a portion of the seabed not encompassed by the holder’s lease to construct, modify, or maintain platforms, artificial islands, facilities, installations, and other devices that support exploration, development, or production of oil and gas or other energy resources from another lease.

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The Energy Law

MARCH 27, 2020

Coupled with the recent decline in oil and gas prices, many operators are left scrambling in an attempt to navigate unprecedented circumstances. However, Conservation stated that does have the authority to grant extensions and deferments on a case-by-case basis and currently utilizes this authority.

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The Energy Law

MARCH 31, 2021

While the Court is no stranger to interpreting (and often muddling) the familiar royalty clause interpretation questions surrounding the first issue, in a case of first impression, the Court also analyzed the breadth of a lease’s free-use clause. Burlington Resources Oil & Gas Co., Texas Crude Energy LLC , 573 S.W.3d

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