Reuters Events: Data Driven Oil and Gas 2022
Energy Central
FEBRUARY 22, 2022
After a two-year virtual hiatus, Reuters Events: Data Driven Oil and Gas 2022 returns to Houston for a highly anticipated in-person conference.
Casing Events Oil 
IEW 2025 Days III & IV: India's quest for a gas economy
Oilholics Synonymous Report
FEBRUARY 14, 2025
Over the course of Thursday and Friday - days III & IV - of India Energy Week 2025 that put us on the home stretch of the global event, conversations turned more meaningfully towards the Indian government's assertion of placing a 'gas economy' at the heart of its march to net zero by 2070.
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Oil Spill Liability: OPA 90 v. the IMO’S CLC
The Energy Law
OCTOBER 13, 2023
Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. But what happens when a vessel spills oil in the territorial waters of another country? The CLC addresses civil liability for maritime oil spills.
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Force Majeure Clause Fails to Protect Oil and Gas Lessee From Mistakenly-Scheduled Deadline
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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New Developments in Shocking Case Before the Texas Supreme Court Regarding Construction of Novel Oil & Gas Royalty Term
The Energy Law
JULY 1, 2021
concerning a novel royalty term that may have a huge impact on the way oil and gas royalties are paid in the future. 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. Communications include firm news, insights, and events.
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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate
The Energy Law
MARCH 7, 2023
In the context of antiquated oil and gas conveyances including a double fraction that includes “one-eighth,” the Court affirmed this principle by holding that such language gives rise to a rebuttable presumption that “one-eighth” refers to the entire mineral estate. Communications include firm news, insights, and events. Dils Co. ,
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Florida Investors and the Shift to Alternative Investments in Oil and Gas
Aresco
AUGUST 13, 2024
Amid this backdrop, a growing number of Florida investors are turning to alternative investments, particularly direct investing in oil and gas drilling projects. Despite the push towards renewable energy sources, fossil fuels remain integral to the energy mix, and the demand for oil and gas is expected to persist for decades.
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Fall Fatalities among Oil and Gas Extraction Workers, 2005-2014
NIOSH Science: Oil & Gas
APRIL 27, 2017
Previous research has shown that fatality rates for oil and gas extraction workers were decreasing for all causes of death except for those associated with falls. (1) Previous research has shown that fatality rates for oil and gas extraction workers were decreasing for all causes of death except for those associated with falls. (1)
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Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case
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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Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock
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. Communications include firm news, insights, and events.
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Texas Supreme Court Holds that Add-Back Provision in Oil and Gas Lease Required Royalties to be Paid on Prices in Excess of the Producers’ Gross Proceeds
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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Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case
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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Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit
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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Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation
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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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court
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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Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline
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. Communications include firm news, insights, and events. Enterprise Products Partners, L.P. , and has been closely followed by the energy industry.
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Liskow Obtains Victory for the Oil and Gas Industry in the Louisiana Third Circuit
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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40 Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable
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. Communications include firm news, insights, and events. Riverwood Production Co.,
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Louisiana Appellate Court Affirms Summary Judgment in Asbestos Case
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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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners
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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Louisiana Supreme Court Grants UNOCAL’s Writ Application from Third Circuit Decision Involving Prescription and Breach of Contract in Act 312 Case
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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2023 Begins With Increased (or Unlimited) Liability for Vessel Owners
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 Meaning of “And” Determines Outcome of Oil and Gas Feud
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. Communications include firm news, insights, and events.
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Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments
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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BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices
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.
U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)
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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Winter Storm Uri and Force Majeure: The Legal Battles Continue
Producer's Edge
JANUARY 20, 2025
This recent case [ MIECO, L.L.C. With these common strings, this case could have implications (small or large) for other similar pending disputes across the state. Pioneer Nat. 4th 710 (5th Cir. 2024)] delves deep into pivotal force majeure issues tied to the NAESB form and arising out of Winter Storm Uri. ” Section 11.2:
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Operators May Earn and Sell Carbon Credits for the P&A of Inactive, Shut-in, or Temporarily Abandoned Wells
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. Communications include firm news, insights, and events.
United States Fifth Circuit Weighs in on La. R.S. 30:103.1 and 103.2 Notice Requirements
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. Communications include firm news, insights, and events. While sufficient notice under La.
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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation
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. Communications include firm news, insights, and events. Louisiana Land and Exploration Co., 2020-00685 (La.
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The Meaning of “And” Determines Outcome of Oil and Gas Feud
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. Communications include firm news, insights, and events.
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U.S. Climate Change Litigation: 2020 Update
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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EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities
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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Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly
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. Communications include firm news, insights, and events.
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Commissioner of Conservation Issues Letter Addressing Emergency Measures to Help Louisiana Oil and Gas Industry
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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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s
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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COVID-19 as a Force Majeure? The Texas and Louisiana Perspectives
The Energy Law
MARCH 27, 2020
These events have dramatically impacted the world economy, and wreaked havoc on the day-to-day functions of individuals and businesses in the United States and elsewhere. Does this pandemic and resultant disruption constitute a force majeure event under Louisiana and Texas law? In all cases, the inquiry is likely to be fact-specific.
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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles
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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
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United States Supreme Court Issues First Decision in Climate Litigation
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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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass
The Energy Law
JANUARY 28, 2022
This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Communications include firm news, insights, and events. As to Plaintiffs’ trespass claims, the court found the same absence of any evidence of additional profits earned by QEP precluded any disgorgement remedy under trespass. Read the opinion here.
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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass
The Energy Law
JANUARY 28, 2022
This case was handled by Paul Adkins of Liskow’s Baton Rouge office. Communications include firm news, insights, and events. As to Plaintiffs’ trespass claims, the court found the same absence of any evidence of additional profits earned by QEP precluded any disgorgement remedy under trespass. Read the opinion here.
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Texas Supreme Court Update: The Court Decides Issue of First Impression Related to the Scope of an Oil and Gas Lease’s Free-Use Clause and Further Interprets Conflicting Royalty Clause Provisions
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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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles
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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles
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., This opinion reinforces several key concepts in legacy cases. 5/25/21), 2021 WL 2102932, —So.
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