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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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Louisiana Third Circuit Affirms Authority of Tax Commission to Correct Pipeline Property Tax Assessments

The Energy Law

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.

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Federal Agency Recommends Updated Regulations for Pipeline Monitoring, Decommissioning, and Abandonment

The Energy Law

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.

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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. Moreover, the district court found disgorgement is not an available remedy under Louisiana tort law for trespass.

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Federal Agency Recommends Updated Regulations for Pipeline Monitoring, Decommissioning, and Abandonment

The Energy Law

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.

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Federal Offshore Pipeline Decommissioning in BOEM Significant Sediment Resource Areas

The Energy Law

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.