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Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. Even if the proceeds of the gas were considered a “fruit,” the court found the proceeds were not a fruit of anything Plaintiffs owned.
Fifth Circuit held that a landowner is not entitled to a pipeline company’s profits as a consequence of a portion of a pipeline being located partially outside of a servitude. Even if the proceeds of the gas were considered a “fruit,” the court found the proceeds were not a fruit of anything Plaintiffs owned.
In a unanimous decision, a three-judge panel of the Louisiana Third Circuit Court of Appeal affirmed the authority of the Louisiana Tax Commission to correct property tax assessments of pipelines when a local assessor uses values that are too high or do not reflect fair market value. In Enerfin Field Services v. 22-740 (La.
Claimants sought damages for alleged pipeline damage caused by the SEACOR POWER as well as economic damages from 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. 303 (1927).
On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico.
QEP was the lessee of a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land. Plaintiffs asserted a number of claims, all of which were resolved except their claims seeking a disgorgement of profits.
Meanwhile, Enis offshore drilling campaign in Libyas Sirte Basin is set to be one of the most closely watched exploration programs in 2025, with four exploration wells in the pipeline. Momentum is already building across Libyas energy industry, with several upstream developments demonstrating the countrys renewed focus growth and investment.
On April 19, the United States Government Accountability Office (“GAO”) released a report (the “Report”) in response to a request from the House of Representatives Committee on Natural Resources regarding the oversight and decommissioning of pipelines in federal waters, which are mainly located within the Gulf of Mexico.
In recent years, there has been an increase in the number of denials of applications to decommission offshore pipelines in place in a departure from the Bureau of Safety and Environmental Enforcement’s (“BSEE”) longstanding practices. Prior to 2015, BSEE routinely granted applications to decommission pipelines in place pursuant to 30 C.F.R.
QEP was the lessee of a mineral lease covering Plaintiffs’ property, but because it wanted to transport off-site gas across their property, QEP also obtained a pipeline servitude across Plaintiffs’ land. Plaintiffs asserted a number of claims, all of which were resolved except their claims seeking a disgorgement of profits.
In addition to wetlands impacts, the groups allege that the LNG terminal and an associated pipeline would have a “staggering” impact on the climate in the form of greenhouse gas emissions. A petition filed on July 19 by Sierra Club and Healthy Gulf seeks review of a “dredge and fill” permit granted by the U.S. 717r(d)(1)). [2].
The dispute between ETP and Enterprise began in 2011, when Enterprise approached ETP about potentially building a crude oil pipeline together. for the construction of the pipeline. Enterprise Products Partners, L.P. , a case concerning Texas partnership law. and has been closely followed by the energy industry.
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. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.
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. In January 2018, FERC granted PennEast’s request.
The court stated, “[W]e find the directives from the Louisiana Supreme Court in Save Ourselves ,… which require consideration of ‘economic, social, and other factors,’ broad enough to include an analysis of environmental justice, as defined by the EPA.” The First Circuit opinion firmly answered this question yes.On What is EJ?
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]
As part of that regulatory authority, the FERC “establishes policies that govern interstate pipeline transportation.” In a unique twist on a common challenge to the deductibility of post-production expenses, plaintiffs in Grayson L.L.C. (Of Of Louisiana), et al. BPX Operating Co., Grayson L.L.C. Grayson L.L.C. (Of Of Louisiana), et al.
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In this case, the Fifth Circuit analyzed a customized NAESB in the context of a dispute as to whether a force majeure clause applied to excuse a producer’s failure to supply gas in the aftermath of Winter Storm Uri, whether it obligated the producer to procure spot market gas when their own production was disrupted by the force majeure event.
On November 8, the Louisiana First Circuit Court of Appeals added to the relatively sparse body of appellate rulings in pipeline expropriation matters. Enterprise expropriated part of a large tract of undeveloped riverfront property for an NGL pipeline. In Enterprise Products Operating, LLC, v. Southwood Terminal, L.L.C.,
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? Black’s Law Dictionary (11th ed.
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]
On September 8, 2023, EPA and the U.S. Army Corps of Engineers published a final rule narrowing the scope of “waters of the United States” (WOTUS) under the Clean Water Act (CWA) such that certain wetlands are removed from federal jurisdiction. The final rule revises the agency regulations in light of the U.S.
The substation’s maiden voyage marks a major milestone in the development of Jones Act compliant offshore wind vessels necessary to bring the large amount of federal utility-scale projects in the pipeline to fruition. On May 25, 2023, the Nation’s first U.S.-built the largest U.S. the largest U.S. 1331 et seq. back in 2021.
The DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) is slated to make further revisions to its decommissioning regulations, following other decommissioning amendments made last year as previously reported on The Energy Law Blog. BSEE’s 2024 decommissioning rule would update 30 C.F.R. However, on July 7, 2022, in Petro Ventures, Inc.
The primary purpose of this meeting was to present the preliminary areas in Gulf of Mexico (GOM), recently identified by BOEM on July 20, 2022, that may be suitable for offshore wind energy development (WEAs), which are discussed in more detail in a previous blog. According to Ms.
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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]
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 Enterprise Products Partners, L.P.,
Chevron Pipelines Company , et al., Although Lexington Land had these assessments in 2005, it did not file suit until December 2007 following a pipeline rupture on the property. In Lexington Land Development, L.L.C. 2020-0622 (La. 5/25/21), 2021 WL 2102932, —So. In this case, Lexington Land sued Chevron U.S.A., 10/19/10), 48 So.
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. It is long past time that the litigation is put on the back burner and state government take back the responsibility it is granted in the Coastal Zone Program.”
The proposed regulations define “predecessor” as “a prior lessee or owner of operating rights, or a prior holder of a right-of-use and easement grant [RUE], or a pipeline right-of-way grant [ROW], that is liable for accrued obligations on that lease or grant.” BOEM issued the last and most controversial NTL, NTL No.
Chevron Pipelines Company , et al., Although Lexington Land had these assessments in 2005, it did not file suit until December 2007 following a pipeline rupture on the property. In Lexington Land Development, L.L.C. 2020-0622 (La. 5/25/21), 2021 WL 2102932, —So. In this case, Lexington Land sued Chevron U.S.A., 10/19/10), 48 So.
Chevron Pipelines Company , et al., Although Lexington Land had these assessments in 2005, it did not file suit until December 2007 following a pipeline rupture on the property. In Lexington Land Development, L.L.C. 2020-0622 (La. 5/25/21), 2021 WL 2102932, —So. In this case, Lexington Land sued Chevron U.S.A., 10/19/10), 48 So.
The leases contained the following royalty provisions: 3. Gross proceeds” (for royalty payment purposes) shall mean the total monies and other consideration accruing to or paid the Lessee or received by Lessee for disposition or sale of all unprocessed gas proceeds, residue gas, gas plant products or other products.
A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. TMR Exploration, Inc , 2021 WL 267916, the First Circuit affirmed a district court ruling on summary judgment applying the good faith purchaser defense provision set forth in La.
Less than two weeks after the hearing in Louisiana v. 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.
In a stark reminder of the sanctity of Coast Guard investigations, and the consequences of impeding such investigations, the U.S. On October 20, 2017, Bouchard Transportation’s ATB BUSTER BOUCHARD/B. 255 suffered an explosion and fire while transporting roughly 2,000 barrels of oil off Port Aransas, Texas. 2114) (the “SPA”). 3d 424 , 444 (7th Cir.
Earlier this month, Gulf Coast Sequestration (“GCS”), a limited liability company based in Lake Charles, announced its plans to build and operate a carbon capture and sequestration (“CCS”) project that will create a repository 10,000 feet underground for the permanent storage of more than 80 million tons of carbon. On the state level, Act No.
The proposed regulations define “predecessor” as “a prior lessee or owner of operating rights, or a prior holder of a right-of-use and easement grant [RUE], or a pipeline right-of-way grant [ROW], that is liable for accrued obligations on that lease or grant.” BOEM issued the last and most controversial NTL, NTL No.
Dicharry and Robert E. g) requires that, in the information submitted regarding the Emergency Response Plan, the operator identify procedures that will be used in the event of an actual or threatened spill, which must include “the methods to monitor and predict spill movement.” By Sarah Y. 30 CFR 254.23. NTL 2012 N-06, 3.
Governor Edwards’ Climate Initiatives Task Force, charged with making recommendations to reduce greenhouse gas emissions originating in Louisiana, recently took another step towards that goal. The Task Force released a first draft of the report in the spring of 2021. The period for public comment ends on October 8 th.
After the incident, two of the offshore platforms connected by pipeline to the platform where the work was performed had to be shut down. Chevron Pipe Line Co. Chevron Pipe Line Co. That platform, however, was part of a larger gas gathering system connected to others located on the Outer Continental Shelf (“OCS”). 207, 222 (2012).
A recent decision from the Louisiana First Circuit Court of Appeal may have lasting effects on good faith purchasers of oil. TMR Exploration, Inc , 2021 WL 267916, the First Circuit affirmed a district court ruling on summary judgment applying the good faith purchaser defense provision set forth in La.
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