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BSEE’s Updated Decommissioning Rules Address RUEs and Formalize Predecessor Enforcement Practices

The Energy Law

In the final rule, BSEE amended its regulations to add a new regulatory definition of RUE and to incorporate RUEs, RUE holders, and prior RUE holders throughout the decommissioning regulations located at 30 C.F.R. BSEE’s new regulations focus on Rights-of-Use and Easements (“RUEs”) and predecessor enforcement practices. 250.1700, et seq.

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FinCEN Seeking Comments on New Beneficial Owner Reporting Requirements

The Energy Law

FinCEN has until January 1, 2022, to implement the regulations regarding reporting requirements, although FinCEN is also using this ANPRM to solicit comments on the implementation of the related database maintenance use and disclosure provisions. The ANPRM seeks to better develop these definitions for the final regulations.

E&A 52
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FinCEN Seeking Comments on New Beneficial Owner Reporting Requirements

The Energy Law

FinCEN has until January 1, 2022, to implement the regulations regarding reporting requirements, although FinCEN is also using this ANPRM to solicit comments on the implementation of the related database maintenance use and disclosure provisions. The ANPRM seeks comment on five groups of questions: Definitions (questions #1-9).

E&A 40
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Opportunity to Minimize the New Tax on 501(c)(3) Exempt Organization Employee Parking

The Energy Law

The TCJA changed this definition so that certain amounts spent by an EO on qualified transportation fringe benefits ( e.g. employee parking) are treated as UBTI. New Tax on Employee Parking EOs pay federal income taxes on their UBTI at a 21% rate. If so, the EO’s costs up to $260 per month per employee will be subject to the new tax.

E&A 40
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Louisiana’s Sabine River Authority Not Entitled To Sovereign Immunity

The Energy Law

The Fifth Circuit agreed with the lower court that state statutes and case law characterize SRA-L as an arm of the state; but caveated that the factor was restricted and “given the inconsistent descriptions in the same statutes and the lack of a more-definite characterization in either statute or case law.” [7] Tarrant County , 798 F.2d

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Louisiana Second Circuit Addresses: (1) Creation of Mineral Servitudes Via Notarial Acts of Correction; (2) Obstacles Suspending the Prescription of Nonuse from Running Against Mineral Servitudes; and (3) Payment of Court Costs in Concursus Actions

The Energy Law

Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1] 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating.

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