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.

Pipeline 97

Pipeline Casing E&A Offshore 97

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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Casing Government Energy Energy 52

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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Casing E&P E&A Government 98

The Energy Law

MARCH 26, 2019

District Court for the Western District of Louisiana held that a unit operator may not recover post-production costs from an unleased mineral owner’s share of production proceeds in Allen Johnson, et al. 30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3]

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Operator Exploration and Production E&A Casing 52

The Energy Law

MARCH 17, 2022

Aethon Energy Operating, L.L.C. , 11, 2022), provides further guidance on what must be contained in correspondence from parties making demand on an operator under La. 30:9(B) in which Aethon Energy Operating, L.L.C. Aethon”) was the designated operator. Kelly Land Company, L.L.C. 4th 369 (5th Cir. Kelly Land Co.,

Operator 98

Operator Oil E&A Gas 98

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 Court narrowed its discussion to whether MRC’s operations were “delayed by” an event of force majeure.

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Spud-in Oil Gas Operator 98

The Energy Law

SEPTEMBER 19, 2016

1] Operators face more BSEE inspections, Incidents of Non-Compliance (INCs), and civil penalties than ever before. See Island Operating Co., BSEE collected civil penalties in 22 cases in 2009, 26 cases in 2010, 30 cases in 2011, 31 cases in 2012, 42 cases in 2013, 53 cases in 2014, and 42 cases in 2015.

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Offshore Casing Operator Mechanic 52

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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Casing Government Insurance Petroleum 40

The Energy Law

MARCH 31, 2022

For nearly three years, unit operators in Louisiana have waited to see whether the Western District of Louisiana would change course or double down on its March 2019 decision in Johnson v. BPX Operating Co., Chesapeake. The district court recognized this was a res nova issue for which there was no authority directly on point.

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Operator Management E&A Gas 98

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.

Casing 40

Casing E&A IT Education 40

The Energy Law

MAY 4, 2023

250.1701 providing that RUE holders and prior lessees or owners of operating rights of the parcel on whose leases there existed facilities or obstructions that remain on the RUE are jointly and severally liable for meeting accrued decommissioning obligations. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.

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Exploration and Production E&A Casing Operator 98

The Energy Law

AUGUST 8, 2017

T]he opinion will have a most chilling effect on the financing of oil and gas operations, which in turn will have an adverse economic effect on government and business in our state. Chief Judge Henry Brown, Jr., also dissented from the denial of rehearing and “strongly agree[d] with the written reasons assigned by J.

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Casing Oil Gas Royalty 40

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.

Offshore 98

Offshore E&A Consulting Energy 98

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.

E&A 97

E&A Casing Education Completion 97

The Energy Law

APRIL 6, 2017

Chesapeke Operating, LLC , the Sierra Club alleged that the deep injection of liquid waste from oil and gas activities has caused an increase in the number and severity of earthquakes in Oklahoma. Defendants Chesapeake Operating, LLC, Devon Energy Production Co., LP, and New Dominion, LLC moved to dismiss the case on several grounds.

IT 52

IT Disposal Well Casing Oil 52

The Energy Law

JUNE 6, 2016

In this case, the plaintiffs’ claims arose from BP’s use of property along Bayou Lafourche for response operations to the Deepwater Horizon oil spill. the Louisiana First Circuit Court of Appeal continued its recent trend of scrutinizing whether appellate jurisdiction in fact exists prior to ruling on the merits of the appeal.

Operator 40

Operator Casing IT Education 40

The Energy Law

APRIL 3, 2023

operate the property leased as a reasonably prudent operator for the mutual benefit of himself and his lessor.” 141 (providing that dissolution of a mineral lease is not a favored remedy and should only be granted in cases where “the remedy of damages is inadequate to do justice.”). compare to La.

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Government Energy Energy Royalty 98

The Energy Law

APRIL 30, 2020

In Cannisnia Plantation , the Louisiana Second Circuit faced the issue of whether a mineral servitude owner conducted good faith operations sufficient to interrupt the prescription of non-use of a mineral servitude. 1] 53,252 (La. 1] 53,252 (La. 3/4/20), 2020 WL 1036500. [2] 2] 45,160 (La. 5/28/10), 37 So.

Operator 40

Operator Spud-in Dry Hole Oil 40

The Energy Law

JUNE 22, 2021

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., 5/25/21), 2021 WL 2102932, —So. million purchase price.

Casing 59

Casing Operator Oil IT 59

The Energy Law

AUGUST 4, 2023

Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. This substance can be dangerous to the environment, so operators are required to carefully dispose of it—a costly endeavor. COG Operating, LLC , No.

Oil 98

Oil Instrumentation Gas Operator 98

The Energy Law

JULY 3, 2017

The Parish of Plaquemines amended its petitions in two of the Coastal Zone Management Act (“CZMA”) cases on June 19, 2017. Prior to the amendment of the petitions, Judge Clement sustained Defendants’ Exceptions of Vagueness in the two cases, namely: The Parish of Plaquemines v. Rozel Operating Co.,

Management 40

Management Casing Operator Petroleum 40

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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Casing Government E&A IT 52

The Energy Law

APRIL 21, 2023

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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Casing E&A Operator Education 52

The Energy Law

APRIL 21, 2023

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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Casing E&A Operator Education 52

The Energy Law

MARCH 7, 2023

That rationale led to the Court’s holding that the mere use of one-eighth in a double fraction is some evidence that the parties were operating under the estate misconception theory. In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Dils Co. , 2d 904 (Tex. Element Petroleum Props.,

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Royalty Oil Gas Royalty Interest 98

The Energy Law

JULY 6, 2023

In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. 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.

E&A 98

E&A IT Education Casing 98

The Energy Law

JUNE 22, 2021

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., 5/25/21), 2021 WL 2102932, —So. million purchase price.

Casing 52

Casing Operator Oil IT 52

The Energy Law

JUNE 22, 2021

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., 5/25/21), 2021 WL 2102932, —So. million purchase price.

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Casing Operator Oil IT 52

The Energy Law

JULY 1, 2021

In the landmark oilfield remediation case Corbello v. LL&E I held that even without a Corbello -like express contractual provision, defendants who operated unreasonably accrued an implied obligation under the Mineral Code to restore property above and beyond regulatory environmental standards. Louisiana Land and Exploration Co.,

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E&A Exploration and Production Government Casing 105

The Energy Law

OCTOBER 13, 2023

The below table highlights the main differences between OPA 90 and the CLC: ISSUE OPA 90 CLC 92 Liable Parties Owner, operator, bareboat charterer, or a third party whose sole action caused the oil spill. Violation of a federal safety, construction, operation regulation; or 3. Gross negligence or willful misconduct; 2. Failure to a.

Oil 105

Oil Insurance Operator E&A 105

The Energy Law

FEBRUARY 6, 2023

Based on the opinion, Louisiana refineries should be mindful of their duty to the surrounding community when conducting operations, and courts must stringently scrutinize NIED claims absent physical damage to prevent spurious claims. should apply equally to NIED claims without corresponding physical harm.

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Refinery E&A Casing Education 98

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. With shutdowns and stay-at-home orders in place and regulatory deadlines looming, Louisiana operators are looking for guidance from regulators on how to proceed.

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Oil Gas Underground Injection Control Operator 40

The Energy Law

AUGUST 18, 2016

On August 16th, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to clarify the regulatory requirements that may vary depending on the operational status of a pipeline under 49 C.F.R. Each status invokes a certain procedure for safety and maintenance of the pipelines by the owner or operator.

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Abandonment Pipeline Operator Maintenance 40

The Energy Law

JANUARY 9, 2018

The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. In the course of these operations, the LDI crane operator negligently struck and injured an STS employee. 16-30217 (5th Cir.

Oil 40

Oil Casing Gas Operator 40

The Energy Law

FEBRUARY 3, 2021

3d —, 2021 WL115917, the Second Circuit affirmed summary judgment in favor of Comstock Oil & Gas, LLC, emphasizing not only the importance of the language of Comstock’s Master Service Agreement (“MSA”), but the absence of any contractual or actual operational control over the activities of its independent contractor. In McDaniel v R.J.’s

E&P 40

E&P Operator E&A Oil 40

The Energy Law

FEBRUARY 3, 2021

3d —, 2021 WL115917, the Second Circuit affirmed summary judgment in favor of Comstock Oil & Gas, LLC, emphasizing not only the importance of the language of Comstock’s Master Service Agreement (“MSA”), but the absence of any contractual or actual operational control over the activities of its independent contractor.

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E&P Operator E&A Exploration and Production 40

The Energy Law

AUGUST 19, 2020

1333(b), the LHWCA applies where (1) an employee’s injury “result[s] from” OCS extractive operations, and (2) his employer is an “employer” under OCSLA. In Pacific Operators Offshore, LLP v. Chevron argued the LHWCA could not apply because Mays’s death had no nexus to OCS operations because his direct employer had no such operations.

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Operator Offshore Casing Pipeline 40