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Map Resources , the Texas Supreme Court described the constitutional right of due process as follows: The Due Process Clause of the United States Constitution prevents the government from depriving a person of his or her “property, without due process of law.” XIV, § 1 ; see also Tex. Mullane , 339 U.S. at 313, 70 S.Ct. Heights Med.
The Louisiana Legislature’s 2023 Regular Session begins on April 10th, and last Friday, Louisiana Senator Allain of District 21 filed SB 154 proposing to enact a statutory framework directly governing the rights and obligations of parties to renewable energy leases.
Particularly, Mr. Steib alleged he was exposed to asbestos while employed by Parsons Government Services, Inc. Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure.
It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. This marine investigation presentation brought together a number of experienced government and private practice lawyers to offer their unique perspectives.
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.
Particularly, Mr. Steib alleged he was exposed to asbestos while employed by Parsons Government Services, Inc. Plaintiffs opposed the motion and submitted, in part, excerpts from the depositions of Mr. Steib’s co-workers and six individuals deposed in unrelated asbestos cases that Plaintiffs argued established Mr. Steib’s exposure.
The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. If (and only if) an express contractual provision allows greater remediation than government standards, a jury may consider and award such “excess remediation” damages.
Since the initiation of climate change litigation several years ago, various state governments and interest groups have filed lawsuits against fossil fuel companies and governing authorities. The majority of these cases have been brought under state nuisance laws. People by James v. Exxon Mobil Corp. , 3d 1233(A), 1 (N.Y.
Procedural History The case was originally tried in a forty-one day bench trial by Judge John P. Further, the court noted the unique risks presented by single-hulled vessels like the ATHOS I, which are no longer permitted in U.S. This raises a dire warning to defendants in cases involving subrogated claims.
The Texas Business Courts will potentially impact a wide range of cases, from high-value contract disputes to intricate corporate governance issues. What potential pros and cons may arise from submitting a case to the new Business Courts? Their limited jurisdiction, set forth in Texas Government Code Sec.
The case relates to a 2006 oil spill which occurred at CITGO’s Lake Charles, Louisiana, refinery. The District Court determined that quantifying the economic benefit to CITGO was almost impossible given the conflicting evidence presented. This opinion from the Fifth Circuit is likely to have wide-ranging effects on CWA penalty cases.
According to the Department of Justice, the evidence presented during the two-week trial demonstrated that in January 2010, the shipping company knew that the oily-water separator aboard its vessel was inoperable. The government also claimed two crewmembers lied to the U.S. Notably, a fourth crewmember pleaded guilty in October.
The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. The federal government appealed both the liability and the compensation rulings, and Plaintiffs cross appealed the issue of compensation.
The plaintiff, who claimed to have illegally dumped the pollutants at the direction of the defendants, asserted that the defendants made a false claim to the federal government by certifying Oil Record Books and MMS 133 reports omitting the discharges. government, pursuant to 31 U.S.C. 3729(a)(2). 3729(a)(7).
Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Fifth Circuit Court of Appeals. 18-5217 (E.D.
Chevron”), the Plaquemines Parish Government (“PPG”), and others in a dispute with the State of Louisiana over the validity of a 1938 mineral lease granted by the Buras Levee District (“BLD”). On November 21, 2007, the Louisiana Fourth Circuit Court of Appeal affirmed the trial court’s ruling in favor of Chevron U.S.A.,
The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. If (and only if) an express contractual provision requires greater remediation than government standards, a jury may consider and award such “excess remediation” damages.
Meanwhile, the plaintiffs’ strident effort to return to the state courts, located in the coastal Parishes whose governments have sued the industry, has yielded an opinion involving the jurisdiction of federal district courts during an appeal. The case is The Parish of Plaquemines v. Fifth Circuit Court of Appeals. 18-5217 (E.D.
The district court agreed and dismissed those charges, after which the government appealed. Earlier this week, the Fifth Circuit ruled against the government finding that contractors cannot criminally violate these OCSLA regulations. The government appealed. United States v. Moss, et al , No. 16-30561 (5th Cir. 250.146(C).
Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. The question presented was whether punitive damages may be awarded to a Jones Act seaman in a personal injury suit alleging a breach of the general maritime duty to provide a seaworthy vessel. Estis Well Service , 768 F.3d
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. Jefferson Davis Parish Board of Review , No. 2020-C000200. The Louisiana Constitution provides a process for the taxpayer to seek review of an assessment that the taxpayer believes is incorrect.
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. Jefferson Davis Parish Board of Review , No. 2020-C000200. The Louisiana Constitution provides a process for the taxpayer to seek review of an assessment that the taxpayer believes is incorrect.
In that case, local utility companies may pay you for the excess energy, so nothing goes to waste. Commitment to Resource Efficiency and Recycling The sun is ever-present; solar panels can absorb sunlight and generate electricity even on cloudy, rainy days. That electricity can power your business.
30:10 governed whether a unit operator may deduct post-production costs against UMO’s share of production proceeds. [3] 30:10 was inapplicable to the case because the costs outlined in the statute comprised only pre-production and production costs. 30:10, which governs agreements for drilling units and pooling interests in Louisiana.
In all but the most egregious cases, the typical civil enforcement action has in the past been resolved with the correction of the noncompliance and the payment of any required civil penalty. See 30 C.F.R. §§ 250.191, 250.1404. The IRU has an investigatory role greater than that of BSEE inspectors.
While many citizens were critical of government responses being slow in some countries, overall, reactions were substantial and unprecedented. Every conscientious individual and company has been forced to do the best that they can, with the reality presented. The criteria will depend on each use case.
Act of a third party (must be the sole cause) Government negligence (must be the sole cause) Responsible Party Denied Use of Defenses Responsible Party loses defense if he fails to: 1. Report a spill 2. Cooperate in response 3. Fourth, as mentioned above, there are significant differences in the limitations of liability under the CLC v.
In this case study, we illustrate how the enterprise data can be unlocked and analyzed not only by technical audiences, but also by the audiences that might not have a deep technical background. However, as the digitalization in the energy industry progresses and technology evolves, common workflows can be re-imagined.
At best, the Court found the relators were the original source of alleged Food, Drug and Cosmetic Act violations, but because they failed to present any evidence that those purported violations induced false claims to the government, they were not FCA ones.
8] Of course, they will also need to make a verbatim record of the arbitration proceeding and should consider specifying in their arbitration provision that the TAA governs any proceeding thereunder and that any suit to confirm, modify, or vacate an award must be brought in a Texas state court. ——– 9 U.S.C. §§ 1-16. Nafta Traders, Inc.
For investors, this presents an opportunity to invest in a sector with strong underlying demand fundamentals. government offers a variety of tax incentives aimed at encouraging domestic energy production. These include deductions for Intangible Drilling Costs (IDCs) and Tangible Drilling Costs (TDCs).
This article examines their findings in depth, presenting hard numbers, economic realities, and 23 major flawed assumptions that cast doubt on the IEAs predictions. Governments are struggling to build charging infrastructure, creating adoption barriers. The affordability crisis in EVs is making government incentives unsustainable.
1] In the case, a landowner sued its mineral lessees for: (1) failure to provide a recordable act evidencing the expiration of a mineral lease under Mineral Code articles 206-209 and (2) failure to pay royalties under Mineral Code articles 137-140. [2] Tauren Exploration, Inc. , 4] $242,029.26 6] $936,803.00 Rhymes ( jdrhymes@liskow.com ).
In Q3 investor presentation, Nutrien included the following slide. Source: Nutrien Q3 Presentation Nutrien said the cost of producing potash for the Brazil marketthe fastest growing in the worldhas gone WAY, WAY up. Source: Nutrien Investor Presentation There is just a single potash mine in Brazil – Taquari-Vassouras.
1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating. which governs notarial acts of correction: A. (1) which governs notarial acts of correction: A. (1) Flat River Farms, L.L.C. , 13] The Court then applied La. Dixon, 401 So.
Property modifications, including altering the present timber management practices, could return the land to suitable frog habitat but the landowners do not intent to take these steps and the government concedes it cannot compel them to do so. But the frog’s case has proven to have legs and may endure longer than the species itself.
As pictures are louder than words let me present CO2, N2O, and CH4 budgets where we can see the main contributors to global warming. Take a look at how corporations, society, and governments are accounted for their emissions. GHG protocol and different scopes report and account for emissions.
AN OBVIOUS BUSINESS CASE Lithium-iron-phosphate batteries are taking share at a breathtaking rate. Source: First Phosphate Investor Presentation (Benchmark Minerals) LFP batteries are taking share because they are superior: in safety, performance, cost, price – not to mention that they can be produced in our own backyard.
(Oil & Gas 360) Publisher’s Note: Whitecap Resources will be presenting at the 30th Anniversary EnerCom Denver-The Energy Investment Conference at the Westin Denver Downtown on August 17-20, 2025. and Veren’s website at www.vrn.com by selecting “Investors” , then “Presentations & Events”.
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