The Energy Law

MAY 6, 2016

In March 2016, the Louisiana First Circuit recognized the preemptive authority of state law to regulate and permit fracking. Now, the Colorado Supreme Court rendered two opinions on May 2, 2016 finding state law preempted local efforts to prohibit fracking. Colorado Oil and Gas Association , 2016 CO 29, P. City of Longmont v.

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The Energy Law

MARCH 7, 2023

In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Another possible example, though not noted by the Court, can be seen in a case currently pending before the Eastland Court of Appeals: PetroLegacy Energy II, LLC v. Dils Co. , 2d 904 (Tex. Dawkins , 483 S.W.3d Element Petroleum Props.,

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The Energy Law

MAY 26, 2016

In January 2016, Judge Haik retired from the bench and the case was transferred to Judge Drell. 2:08CV00893, 2016 WL 1158075, at *4 (W.D. CITGO filed an appeal of the ruling with the Fifth Circuit on May 4, 2016. The EPA sought a penalty of $4,300 per barrel. Adm’r of E.P.A. CITGO Petroleum Corp., Year in Rev.

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The Energy Law

MARCH 3, 2017

Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., Fish and Wildlife Service, et al.

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The Energy Law

FEBRUARY 22, 2016

On February 9, 2016, the Supreme Court ordered that the Clean Power Plan Rule could not take effect until all of the legal challenges to it have been resolved – including a challenge in the Supreme Court, if that were to happen. The case is moving quickly. Circuit may rule in the Fall or Winter of 2016.

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The Energy Law

APRIL 10, 2017

In a breach of contract case involving the overlay of intellectual property and contract law, Luv n’ care, Ltd, a global leader in the design and sale of baby products, filed suit against its former distributor, Groupo Rimar, a.k.a. Suavinex, S.A. On appeal, the Fifth Circuit reversed in a unanimous opinion. Luv n’ care, Ltd.

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Producer's Edge

JUNE 4, 2025

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.,

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The Energy Law

MAY 12, 2016

On May 4, 2016, environmental groups sued the U.S. McCarthy , Case No. In that case, the parties eventually settled, and EPA agreed in a consent decree to finalize RCRA Subtitle D coal ash regulations by a certain date. The lawsuit is styled as Environmental Integrity Project, et al. 1:16-cv-00842-JDB, and was filed in the U.S.

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The Energy Law

OCTOBER 6, 2016

13] On September 28, 2016, the Louisiana Third Circuit issued another opinion in XXI Oil & Gas v. 2016 WL 1179206 (W.D. La 2016) (finding that only unleased mineral owners are entitled to 103.1 9/28/2016), 2016 WL 5404650 (hereinafter referred to as “ XXI Oil & Gas II ”). [2] 9/28/2016), 2016 WL 5404650. [15]

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The Energy Law

MARCH 28, 2017

of natural gas in future cases. 2016-C-2181 (2017). [2] 9/28/2016), 2016 WL 5404650 [3] See id. [4] 2016 WL 1179206 (W.D. La 2016) (finding that only unleased mineral owners are entitled to 103.1 The Energy Law Blog (October 6, 2016), available at [link] [5] XXI Oil & Gas , at p. 16-269 (La.

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The Energy Law

FEBRUARY 27, 2017

CFTC Time-Limited No-Action Relief The CFTC’s final margin rules for non-cleared swaps were published in January 2016, and require swap dealers to collect and post variation margin with each counterparty that is a swap dealer, major swap participant or financial end user. [3] 6, 2016). [4] 4] CFTC Letter No. 17-11 is available here. [5]

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The Energy Law

NOVEMBER 20, 2015

Sentencing is scheduled in Mobile, Alabama, for February 11, 2016. One important take-away from this case is that the investigation, commitment of resources and prosecution of MARPOL criminal cases remains a high priority with the United States Coast Guard and the United States Department of Justice.

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The Energy Law

JUNE 21, 2016

On June 17, 2016, the Texas Supreme Court ruled that an oil and gas producer (“Southwest”) was not entitled to a statutory exemption from sales taxes on its purchases of casing, tubing and pumps used in the production of oil and gas (the “Equipment”). At issue in Southwest Royalties, Inc.

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

NOVEMBER 18, 2020

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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The Energy Law

MARCH 3, 2016

Since this blog’s post on production in paying quantities on January 26, 2016 , the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., 50,300-CA (La. Firstly, the decision reaffirms that extraordinary, nonrecurring expenses are not operating expenses.

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McKinsey

JUNE 20, 2025

This was not the case for all companies: While most experienced a decrease in R&D productivity, 22 percent of organizations increased research productivity.) An early example of AI’s ability to generate ideas that a human would not have considered occurred in March 2016. Provocatively framed, AI can be more creative than humans.

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The Energy Law

FEBRUARY 5, 2016

On February 1, 2016, a federal district court issued a ruling in Moore v. 2016) , with important implications for “legacy” lawsuits in Louisiana. 3) should be limited to those cases in which a landowner has an express contract-based claim for additional remediation. Denbury , — F.3d

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American Gas Association

APRIL 9, 2025

Looking to the Future In 2016, Madison Gas and Electric vowed to become a utility of the future. In most cases, acceptance is immediate, and trucks are rolling. Of course, were still calling supervisors and field users because they understand exactly whats happening, but at a high level, you can see whats going on with the job.

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OilPro

AUGUST 6, 2024

national weighted average CO 2 marginal emission rate, year 2016 data) GHG Emission Effect Base Case One LiftPlus System replacing 1 ESP using 150 HP of continuous electricity – 150 HP = 111.9 Emission Factor 1,640.7 lbs CO 2 /MWh (4.536 10-4 metric tons/lb) 0.001 MWh/kWh = 7.44 10-4 metric tons CO 2 /kWh (AVERT, U.S.

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The Energy Law

MAY 10, 2016

The drilling rig was lost in LaSalle Parish but D&D asserted that this case called for an extension of the concept of “where the damages were sustained” to include Concordia Parish, where D&D allegedly lost profits as a result of the loss of the rig. 2d 12, 18-19 (La. However, the Third Circuit explained that Article 76.1

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The Energy Law

MAY 26, 2023

Plaintiffs alleged that despite advance knowledge of the likelihood for significant downstream flooding, SRA-L decided to open spillway gates freeing water from the reservoir into the Sabine River to alleviate elevated reservoir volumes from a cataclysmic rain storm in March of 2016.

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The Energy Law

OCTOBER 15, 2020

2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented. In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No.

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The Energy Law

JUNE 14, 2016

For more information on how the subsequent purchaser doctrine has been applied in legacy cases, click here.) Yesterday, (June 13, 2016), the First Circuit denied the writ “on the showing made.” Thus, the “subsequent purchaser doctrine” has become a key defense for mineral lessee defendants in legacy litigation. Sterling Sugars Inc.,

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The Energy Law

AUGUST 18, 2016

Parts 192 and 195 (2016). 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. This clarification comes after a number of leaks in 2014 and 2015 from pipelines that were believed to be “abandoned.”

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The Energy Law

JUNE 1, 2016

15-290, 2016 WL 3041052 (U.S. May 31, 2016). In this case, a company, Hawkes, was interested in purchasing land in northern Minnesota to mine peat. Thus, JDs in both cases have practical legal consequences. Army Corps of Engineers v. JDs are binding for five years.

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The Energy Law

JUNE 8, 2020

With the prevalence of cases involving royalty disputes in Texas, the state’s Supreme Court has never hesitated to address these issues. Heritage Resources is the underlying case that must be understood to decipher the Supreme Court’s logic as it continues to rectify the numerous creative royalty provisions across Texas today.

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The Energy Law

OCTOBER 15, 2020

2016-N01, in 2016, which created widespread industry concern, and, as a result, was never fully implemented. In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. BOEM issued the last and most controversial NTL, NTL No.

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Drillers

MARCH 24, 2020

During the first round of cuts, agreed in December 2016, Nigeria was exempted, along with Libya, because of the trouble it was having with the Niger Delta militants. It will fall to courts to rule on this case, and it will take quite a while. million BPD as of November 2019.

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AWS: Energy (Oil & Gas)

MAY 15, 2025

Founded in 2016, Ubiik started out as the worlds leading manufacturer of devices using Weightless LPWAN for industrial and national-scale, long-range IoT solutions. Providing a metering solution across a 3GPP standardized (non-proprietary) private LTE network opens the door to realizing some of the benefits outlined previously for AMI 2.0.

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The Energy Law

OCTOBER 25, 2017

Case: Warren v. 2016-C-1647 (La. 4] This case is the first pronouncement from the Louisiana Supreme Court that punitive damages are available under general maritime law. 471 (2008) limited the ratio of punitive damages to compensatory damages in maritime cases at 1:1. Shelter Mutual Ins. 10/18/17), So. Baker , 554 U.S.

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The Energy Law

JULY 28, 2017

The USFWS’ critical habitat designation was upheld by Judge Feldman in the Eastern District of Louisiana in 2014, affirmed by a 2-1 decision in the Fifth Circuit Court of Appeals in 2016, and denied an en banc rehearing by an 8-6 vote of the Fifth Circuit in February 2017.

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The Energy Law

AUGUST 19, 2020

The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations. The Court also distinguished Valladolid and another case cited by Chevron, Baker v. The jury found there was. Gulf Island Marine Fabricators, L.L.C. ,

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The Energy Law

JANUARY 31, 2017

On November 10, 2016, Judge Ann Aiken, a federal district judge in Oregon, issued a remarkable environmental law decision in which she found that a climate system “capable of sustaining human life” is a fundamental constitutional right. [1] Unsurprisingly, the case has generated significant media interest. 1] Juliana v. 23] Yahoo!

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The Energy Law

MARCH 2, 2016

On February 25, 2016, the EPA proposed revisions to its Risk Management Program (RMP) rule. This is especially true given that EPA recently added “Reducing Risks of Accidental Releases at Industrial and Chemical Facilities” as a new National Enforcement Initiative starting on October 1, 2016. Click here to see the proposed rule.

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SmartBrief

MARCH 26, 2025

Another past ASCE president, Norma Jean Mattei, called ports a poster child for good behavior, considering many private port owners started heavily investing in upgrades after the expansion of the Panama Canal became operational in 2016. Complementing this, Phillips made the case for expanding private investment in U.S. infrastructure.

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McKinsey

JUNE 17, 2025

Conventional wisdom suggests that emerging markets would benefit from a diversification scenario, but our model shows that this isn’t necessarily the case. Under the fragmentation scenario, corridor growth would shift from a baseline scenario, in some cases drastically (Exhibit 3).

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