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Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

The Energy Law

For example, in 2014 the agency imposed a civil penalty of $1,230,000—an unprecedented figure in the history of the BSEE civil penalty program. 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.

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Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law

a case concerning Texas partnership law. At the end of a four-week trial held in 2014, the jury found that ETP and Enterprise created a partnership to market and pursue a pipeline project and that Enterprise had failed to prove that it complied with its duty of loyalty. Enterprise Products Partners, L.P. ,

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Supreme Court of Texas Washes Out the “Anadarko Washout”

Producer's Edge

This particular species of lease washouts is based on two recent cases from the El Paso Court of Appeals – Cimarex Energy Co. Anadarko continued to make production payments to Cimarex until December 2014, and thereafter ceased making any payments to Cimarex. In a similar case, Cromwell v. Anadarko Petroleum Corp.,

E&P 59
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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third Circuit’s Broken Manifest Error Standard in Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mt., LLC, 149 So. 3d 280 (La. App. 3 Cir. 10/01/14)

The Energy Law

The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. 2014-C-2592, 2015 La. The case itself necessitated extremely nuanced and technical testimony regarding the geology and geophysics of the formations.

Casing 40
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Unpacking Proximate Cause in SWD Failure

Producer's Edge

A recent SWD failure case dives into critical questions of proximate cause and explores whether the reasonable prudent operator defense may shield against surface damage claims. In this case, Lee v. Investigation revealed that there was severe degradation of the well’s tubing and casing. Memorial Prod. Operating LLC , No.

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Supreme Court Punts on Important Arbitrability Question

The Energy Law

The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.

Casing 76
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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. 2014); Barker v. 2014); Barker v. On January 11, 2021, the Fifth Circuit panel affirmed. 20, 2010 , 452 F. 3d 455, 463 (E.D.