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The current proposed bill, however, would require operators to remit all royalty payments directly to the lessors on behalf of nonparticipating working interest owners prior to well payout, i.e., during the recoupment of costs, and the statutorily authorized risk charge.
million dollars in emergency costs from prior operators of an orphaned well. The Court held that, when the LDNR spends monies from the Oilfield Site Restoration Fund on emergencies, it can only recoup those costs from the well’s operator of record and its working interest owners. who last operated the property. 4/6/22), –So.
Operators may now have the potential to sell carbon credits in exchange for the P&A of inactive, shut-in, or temporarily abandoned wells. Although Louisiana is allocating significant funds to P&A orphan wells, there is a lack of financial incentive for operators to address AOOG wells.
The first five Plaquemines Parish Coastal Zone Management Act (“CZMA”) cases to be set for trial have been chosen. Rozel Operating Company, et al. The Plaintiffs selected Parish of Plaquemines v. Parish of Plaquemines v. ConocoPhillips Company, et al. , and Parish of Plaquemines v. Hilcorp Energy Company, et al.
In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. 1/16/13), 108 So.
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.,
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.
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.
The challenge lies in understanding where these projects will connect, when theyll become operational, and how theyll impact transmission constraints. With rapid additions of new generation and load projects, traders face growing uncertainty and rising risks in the market. Why Choose Projected Capacity Impact?
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.
In the fast-moving energy market, making informed decisions is critical. In some cases, gaps in the workflow must be addressed separately, creating additional inefficiencies. Know which ones are operational, offline or expected to perform at a reduced output. Gain insights into renewable assets across the grid in your area.
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”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.
On September 2, 2016, the Texas Supreme Court agreed to review three oil and gas cases involving issues pertinent to the industry and land and mineral owners. is another top-lease case from the Amarillo Court of Appeals. BP America Production Company v. Red Deer Resources, LLC In BP America Production Company v. Laddex, Ltd.
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.
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]
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 court dismissed these claims, deferring to the agencies’ judgment on what information and data were reliable.
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.
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).
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.
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.
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.
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.
The Court reached this holding based on the wording of the applicable JOAs, which were both based on the American Association of Petroleum Landmen Model Form Operating Agreement 610-1982. Smith”) was the operator of the Bloomberg oil and gas lease, whose operations were governed by two JOAs. Smith Production Inc.,
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.
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.,
Together, the adopted amendments evidence the Court’s emphasis on promoting cooperative case management and reducing the delays and considerable costs often associated with the discovery process. Information within this scope of discovery need not be admissible in evidence to be discoverable.
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.
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.
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.
To receive information from Liskow & Lewis, your information will be kept in a secured contact database. Privacy Policy : By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.
To receive information from Liskow & Lewis, your information will be kept in a secured contact database. Privacy Policy : By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.
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. million (see table above for more information) Up to approximately $122.29 Gross negligence or willful misconduct; 2. Failure to a.
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.
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.,
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.
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.
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.
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.,
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. For more information regarding the decision, please contract Shannon Holtzman at ssholtzman@liskow.com , Tyler Trew at ttrew@liskow.com , or Kathryn Gonski at kzgonski@liskow.com.
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.
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.
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.,
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. To receive information from Liskow & Lewis, your information will be kept in a secured contact database.
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? These five divisions are fully operational beginning September 1, 2024.
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