The Energy Law

MARCH 29, 2021

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. A copy of the district court’s opinion can be found here. Read the opinion here.

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The Energy Law

AUGUST 24, 2017

A recent decision from the Eastern District of Louisiana provides a mixed bag for pipeline companies or others whose operations involve canals. Tennessee Gas Pipeline Company , coastal landowners sued pipeline operators for their alleged “failure to maintain” canals dredged pursuant to numerous rights-of-way granted from the 1950s to 1970s.

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The Energy Law

AUGUST 3, 2021

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. 2] PennEast Pipeline, PennEast Pipeline Statement on Favorable U.S.

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The Energy Law

SEPTEMBER 29, 2020

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]

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The Energy Law

MAY 4, 2023

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

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The Energy Law

JANUARY 31, 2023

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] 21] These efforts usually fail, but occasionally—as in the case of MORRO CASTLE and now CONCEPTION—they succeed, even if only partially.

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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.

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The Energy Law

JUNE 22, 2021

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., This opinion reinforces several key concepts in legacy cases.

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The Energy Law

SEPTEMBER 29, 2020

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]

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The Energy Law

JANUARY 31, 2020

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

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The Energy Law

DECEMBER 28, 2017

Plaintiffs filed suit for trespass against defendants after learning of their possible ownership of property over which numerous pipelines ran. Plaintiffs claimed that the existence of pipelines on the property at issue pursuant to servitudes granted by Shell constituted a trespass and sought damages.

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The Energy Law

JUNE 22, 2021

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., This opinion reinforces several key concepts in legacy cases.

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The Energy Law

JUNE 22, 2021

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., This opinion reinforces several key concepts in legacy cases.

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The Energy Law

OCTOBER 15, 2020

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. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.

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The Energy Law

AUGUST 19, 2020

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. The jury found there was.

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The Energy Law

MARCH 15, 2023

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

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The Energy Law

JANUARY 31, 2024

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.

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The Energy Law

JANUARY 10, 2020

Riverboat Services of Indiana, Inc., 451 F.3d 3d 424 , 444 (7th Cir. In 2010, Congress empowered OSHA to administer claims arising under the SPA.

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The Energy Law

OCTOBER 15, 2020

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. In such case, BOEM may require that the party provide additional security for decommissioning obligations for which such predecessor is not liable.

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The Energy Law

MARCH 27, 2020

In all cases, the inquiry is likely to be fact-specific. One 1842 breach-of-contract case involving a yellow fever epidemic is instructive. Thus, logistical and economic difficulties brought about by COVID-19 may not qualify as a force majeure—without more. In William Roley Glover v. McAllister , 2 Rob. (La.)

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The Energy Law

JUNE 8, 2020

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.

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The Energy Law

JUNE 1, 2016

In this case, a company, Hawkes, was interested in purchasing land in northern Minnesota to mine peat. Thus, JDs in both cases have practical legal consequences. JDs are binding for five years. Hawkes applied to the Corps for a permit to begin extracting peat from the land.

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Drillers

FEBRUARY 25, 2020

The Canadian oil sands are a case in point. The Permian shale play in the United States, for example, became a record-breaker in gas flaring last year due to a shortage of gas pipelines and storage facilities since the region focuses on oil rather than gas production.

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The Energy Law

SEPTEMBER 28, 2022

In the seminal case Save Ourselves, Inc. The public trust doctrine, which is enshrined within the Louisiana Constitution, requires environmental protection “insofar as possible and consistent with the health, safety, and welfare of the people.” Env’tl Control Com’n , 452 So. 2d 1152, 1156 (La. FERC, 867 F.3d 3d 1357, 1369 (D.C.

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The Energy Law

AUGUST 18, 2016

Jackson has issued an omnibus order suspending all deadlines and delays in cases pending before the Middle District of Louisiana indefinitely. Helena Parish, and Livingston Parish) will be closed through the remainder of the week. Federal court: Chief Judge Brian A.

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The Energy Law

MAY 26, 2023

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]

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The Energy Law

MARCH 31, 2021

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.

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The Energy Law

MARCH 31, 2021

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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