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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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Fifth Circuit Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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From Wellhead to Water: How Midstream Companies Are Shaping the Future of Energy Exports

Oil Gas Leads

Leading companies are aggressively expanding and integrating their gathering, processing, pipeline, and export infrastructure. Companies are taking full control of the supply chain from gathering and processing to pipeline transportation and export terminals to streamline operations and capture higher margins.

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Western District Rejects Disgorgement of Profits Claim for Pipeline Trespass

The Energy Law

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.

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LNG Facilities Facing Environmental Challenges

The Energy Law

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].

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The Western District of Louisiana Holds that the Federal Energy Regulatory Commission’s Shipper Must Have Title Policy Creates No Private Right of Action

The Energy Law

sued the unit operator for breach of contract to recover transportation costs incurred as a result of alleged regulatory violations of the Federal Energy Regulatory Commission’s (“FERC”) Shipper-Must-Have-Title policy. As part of that regulatory authority, the FERC “establishes policies that govern interstate pipeline transportation.”

Energy 97