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tons of salt from the property between 2015 and 2019. It also owns a 1/8 th royalty on oil, gas and other minerals produced from the land. Underground Services Markham (USM) owns the salt and salt formations under the 160 acres. USM produced some 2.7
186 IBLA 199 (2015). Together, these developments will undoubtedly lead to more litigation and a higher cost of doing business on the Outer Continental Shelf. The number of civil penalty cases has risen gradually since 2009, with a sharp increase over 2013-2015. In 2013, the average penalty was $67,714 over 42 cases.
In 2015 21 youths between the ages of eight and 17 asked a federal court to find that they have a constitutionally protected right to a healthy and su-stainable environment. First, a bit of background on the cases is in. First, a bit of background on the cases is in. They’ve yet to have their day in court.
In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In City of Oakland et al. BP PLC et al. 1442(a)(1).
Previous Court Ruling In many cases alleging damage to property arising from historic oil and gas operations, the plaintiff was not the owner at the time of the alleged damage, but instead is the subsequent purchaser of the property at issue. In Eagle Pipe and Supply, Inc. Amerada Hess Corp. , 10-2267 (La. 10/25/11), 79 So. 2013-2132 (La.
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.
On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. Pending Congressional review, the amendments will become law on December 1, 2015. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).
KEW Drilling (KEW) sold its interests in these leases to three buyers—ExL Petroleum Management, LLC (Callon's predecessor), Silverback Exploration, LLC, and Arris Delaware Basin, LLC—through contracts executed in 2015 with closings occurring between June 2015 and February 2016. Leach Builders, LLC v. Sapphire V.P.,
Now, the penalties imposed by Acts 2015, No. July 1, 2015 cannot be applied to tax periods prior to July 1, 2015. Kimberly Robinson, Secretary, Louisiana Department of Revenue [1] , rendering the earlier decision by the Louisiana First Circuit Court of Appeal final. In addition, the late payment penalty in La.
As a refresher, here are some of the highlights: June 29, 2015: EPA publishes final “Clean Water Rule” setting out a new definition of “Waters of the United States.” July 28, 2015: The Judicial Panel on Multidistrict Litigation consolidates the pending circuit court actions in the Sixth Circuit Court of Appeals. 37054 (Jun.
In 2015, the trial court recognized the plaintiffs as the rightful owners of the riverbanks and ordered the LDNR to pay back almost $4.7 The Court distinguished those cases, pointing to constitutional and statutory provisions that mandate appropriation under those specific circumstances.
In what may appropriately be called a “swing and a miss”, the Fourth Court of Appeals in San Antonio has rejected plaintiffs’ attempt to avoid the need for medical expert testimony in a toxic tort case by pleading damages for “symptoms of discomfort” instead of disease. 04-14-00650-CV, 2015 Tex. Marathon Oil Corp , et al., at Law No.
By Andrew Wooley On May 8, 2015, the Supreme Court of Texas held in Phillips v. No matter how the court of appeals disposes of the case on remand, the case may well end up before the supreme court a second time. [1] 803, 2015 WL 2148951, 2015 Tex. May 8, 2015). [2] 1] / 58 Tex. LEXIS 439 (Tex.
In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” Louisiana Land and Exploration Co.,
ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. The majority of these cases have been brought under state nuisance laws. United States , No.
In February 2015, the Texas Supreme Court handed down its decision in In re Deepwater Horizon, __ S.W.3d 3d __, 2015 WL 674744 (Tex. On June 10, 2015, the Fifth Circuit further addressed this area of contract and insurance interplay with its decision in Ironshore Specialty Insurance Co. June 10, 2015). 13-51027 (5th Cir.
In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. Given that in 2015 all civil enforcement actions by the EPA yielded penalties totaling $205 million (excluding settlements), the CITGO judgment stands out as unusually large. The EPA sought a penalty of $4,300 per barrel. Year in Rev.
Now, the penalties imposed by Acts 2015, No. July 1, 2015 cannot be applied to tax periods prior to July 1, 2015. Kimberly Robinson, Secretary, Louisiana Department of Revenue [1] , rendering the earlier decision by the Louisiana First Circuit Court of Appeal final. In addition, the late payment penalty in La.
In this case, PennEast sought to exercise the federal eminent domain power bestowed upon it by the Natural Gas Act (NGA). The issue in this case centered around the relationship between the federal eminent domain power afforded to a FERC certificate holder and the sovereign immunity rights held by a state.
The defendants removed the case to federal court, and, after a protracted jurisdictional battle, defeated SLFPA-E’s attempt to return the case to state court. The defendants thereafter filed a host of motions to dismiss the case on the merits, including a Motion to Dismiss for failure to state a claim.
John the Baptist), removing the cases to federal court. In connection with the removals, on May 25, 2018, Defendants filed a Motion for Coordinated Pretrial Proceedings with the Judicial Panel on Multidistrict Litigation asking the Panel to coordinate pretrial proceedings in all 42 federal cases before a single judge. Bernard, and St.
For more information on how the subsequent purchaser doctrine has been applied in legacy cases, click here.) 2015-CW-1857 (La. 100091, 17th JDC (Judgment on PXP Gulf Coast LLC and PXP Louisiana LLC’s Motion for Summary Judgment Based on the Subsequent Purchaser Doctrine (November 25, 2015)). Amerada Hess Corporation , No.
14-31046, 2015 U.S. The case involved a Great Lakes vessel that anchored using both a cutter head (a dredging tool) and traditional anchors to stabilize the vessel. Plains Pipeline, L.P. Great Lakes Dredge & Dock Co., LEXIS 14337 (5th Cir.
By ratifying the 2015 Paris Agreement, [1] nations across the world made a commitment to reducing greenhouse gas emissions by at least 40% by the year 2030. Carbon dioxide is one of the primary greenhouse gases found in the Earth’s atmosphere, accounting for 76% of global greenhouse gas emissions according to published reports.
financial institutions, published final margin rules for non-cleared swaps in November 2015 [5] and the European Commission adopted its final legislation for non-cleared swaps margin under the European Markets Infrastructure Regulation (“EMIR”) in October 2016, which applies to many European financial institutions [6]. 30, 2015). [6]
In the landmark oilfield remediation case Corbello v. After the LL&E I decision, the case went to trial in 2015. The error was LL&E I’s holding that in cases without an express contractual restoration provision, “excess remediation damages were allowed under Act 312.” Louisiana Land and Exploration Co.,
Kachina counterclaimed, arguing that Lillis breached the Agreement by failing to notify it of Davis’ third-party offer, as well as a declaratory judgment allowing it to both: 1) take compression deductions under the Agreement; and 2) exercise a renewal of Agreement until May 2015. Both parties filed motions for summary judgment.
The NGOs acknowledge that most “unreasonable delay cases” entail lengthier delays involving rulemaking proceedings that take years to complete, but argue that their petition is unique and different because it seeks an “emergency action” to abate an imminent hazard that cannot wait for a rulemaking because “lives are at stake.” Circuit 2004).
This clarification comes after a number of leaks in 2014 and 2015 from pipelines that were believed to be “abandoned.” In both cases, the prior owner or operator allegedly had not followed the proper procedure for abandoning a pipeline, specifically regarding purging the pipeline of hazardous material.
In this case, CT Land and Cattle and Cattle Co., Citing two Fifth Circuit cases, CT Land also argued that the burial provision ran with the land, meaning that it could be enforced by successive surface owners. In 2015, Ammonite acquired a lease of State minerals covering a narrow and winding stretch of the Frio River.
By ratifying the 2015 Paris Agreement, [1] nations across the world made a commitment to reducing greenhouse gas emissions by at least 40% by the year 2030. Carbon dioxide is one of the primary greenhouse gases found in the Earth’s atmosphere, accounting for 76% of global greenhouse gas emissions according to published reports.
June 28, 2024) In this case, the Texas Supreme Court affirmed the Railroad Commission’s rejection of 16 applications to force pool a narrow winding tract of riverbed minerals with neighboring horizontal wells pursuant to the Texas Mineral Interest Pooling Act (“MIPA”). Ammonite Oil & Gas Corp. Comm'n of Tex.,
Therefore, these facilities must be in compliance no later than October 15, 2015. . § 7412 (n)(4)(A).Section 7412(n)(4) (emphasis added); see also 40 C.F.R. 63.761 (definition of “major source”). Thus, the new rule gives these facilities three (3) years from the effective date of the rule to comply with the relevant emission standards.
Supreme Court case, Burwell v. He was appointed to the Judicial Conference Committee of Federal-State Jurisdiction by Justice William Rehnquist in 2004 and became chief judge of the Eastern District in 2015. Hobby Lobby Stores, Inc., 2751 (2014). from Columbia University Law School. Bush in 2001.
In 2015, this portion was 30%. Your employer also has the contact details of your family in case of an emergency. Living on an offshore oil rig or a platform, or in living quarters on a vessel attached to a rig, all have similar challenges. Offshore oil fields represent a substantial portion of the worlds total crude oil output.
14-40128, 2015 U.S. 4, 2015). 2] In the Citgo case, the Fifth Circuit dove into these uncertain regulatory waters head on. The take-away there is that the government cannot parse the wording of a regulation to fit the facts of a case when the new interpretation is not supported by the regulatory language.
2] Justice Kennedy’s concurrence disagreed, stating that the Army Corps of Engineers (Corps) must establish a significant nexus between wetlands and adjacent non-navigable tributaries on a case-by-case basis if the wetlands were to be regulated. [3]
2015 aerial photograph. In November 2015, President Obama announced that the cross-border permit would again be denied, asserting the project would have a negative impact on the country’s efforts to combat climate change and an insignificant impact on the economy, U.S. and Canada near Morgan, Montana. energy security, and oil prices.
2015 aerial photograph. In November 2015, President Obama announced that the cross-border permit would again be denied, asserting the project would have a negative impact on the country’s efforts to combat climate change and an insignificant impact on the economy, U.S. and Canada near Morgan, Montana. energy security, and oil prices.
The case stems from Executive Orders issued under the Obama Administration in 2015 and 2016 which withdrew certain areas in the Arctic and Atlantic regions from exploration and development under the offshore oil and gas leasing program. Trump , 3:17-00101.
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