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On January 10, 2020, the New York Attorney General’s Office stated that it will not appeal the trial court’s decision. Below we take a closer look at each category of lawsuits and provide an update on where they stand today. In the New York litigation, ExxonMobil successfully defended itself last month. People by James v. Exxon Mobil Corp. ,
The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 2020-00685 (La. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v.
of Review , 2020-0200 (La. 10/20/2020), 341 So. 1] In doing so, the Third Circuit affirmed the constitutional and statutory authority of the Tax Commission to correct assessment that, as in this case, did not properly reflect the fair market value of the pipeline system. In Enerfin Field Services v. 22-740 (La. 22-740 (La.
On October 6, 2020, the Louisiana Supreme Court granted a writ application filed by UNOCAL in State of Louisiana, et al. Additionally, a motion to recuse was filed to remove Justice Crain from the case. Louisiana Land & Exploration Co., A detailed summary of the Third Circuit’s decision can be found here.
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. . 1442(a)(1). In City of Oakland et al. BP PLC et al. 1442(a)(1).
District Court for the Southern District of Florida in October of 2020. Under this doctrine, “a court may decline to exercise its jurisdiction and dismiss a case that is otherwise properly before it so that the case can be adjudicated in another forum.” Noble House, attempted to bring suit against the Underwriters in the U.S.
See 13-19-00036-CV, 2020 WL 6164467, at *12 (Tex. 22, 2020, pet. Now the case is before the Texas Supreme Court, with a recently submitted amicus brief containing the argument that could turn the tides back in the lessees’ favor. Sheppard is a royalty dispute between several lessees, Devon Energy Production Co., Sheppard, et.
In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). Defendants removed Auster (and 11 other Western District CZM cases) based on federal officer jurisdiction (28 U.S.C.
What started in 2020 as a proposed joint rulemaking between the DOI’s Bureau of Safety and Environmental Enforcement (“BSEE”) and Bureau of Ocean Energy Management (“BOEM”) was recently finalized as a stand-alone BSEE rule addressing decommissioning. 250.1700, et seq. BSEE added a new paragraph (c) to 30 C.F.R.
On October 6, 2020, the Louisiana Supreme Court granted a writ application filed by UNOCAL in State of Louisiana, et al. Additionally, a motion to recuse was filed to remove Justice Crain from the case. Louisiana Land & Exploration Co., A detailed summary of the Third Circuit’s decision can be found here.
On October 26, 2020, the U.S. For example, the borrower must advise whether after March 13, 2020, the borrower was ordered by a state or local authority to shut down or alter its business due to Covid-19. In November of 2020, the taxpayer applied to the lender for forgiveness of the loan.
This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change. Climate Change Litigation: 2020 Update, January 15, 2020 ; (2) Climate Change Jurisdiction: U.S.
The “ LL&E II ” decision finds that Act 312 charges the court, not the jury, to determine the funding needed to remediate property to government standards. 2020-00685 (La. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . In the landmark oilfield remediation case Corbello v.
First, the Louisiana Supreme Court on November 4, 2020 denied the Louisiana Department of Revenue’s writ application in Smith International, Inc. Second, the Louisiana legislature amended the Louisiana tax penalty regime in Acts 2020, No. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.
On September 11, 2020, Judge Feldman of the Eastern District of Louisiana denied the plaintiffs’ motion to order the Clerk of Court to mail a remand order in Plaquemines v. The procedural background involves Judge Feldman’s remand of the case and stay of the remand order pending appeal. The case is The Parish of Plaquemines v.
Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. As background, many areas in Texas contain shale formations that are dense and have poor permeability. But more than minerals are released.
On October 26, 2020, the U.S. For example, the borrower must advise whether after March 13, 2020, the borrower was ordered by a state or local authority to shut down or alter its business due to Covid-19. In November of 2020, the taxpayer applied to the lender for forgiveness of the loan.
This case is one of a number of cases brought by states, cities, and other municipalities against energy companies alleging that the companies contributed to climate change. Climate Change Litigation: 2020 Update, January 15, 2020 ; (2) Climate Change Jurisdiction: U.S.
2022-Ohio-901 , a consolidation of two cases previously decided by the Seventh District Court of Appeals, followed in the footsteps laid before it in its earlier decision in Gerrity v. 3d 694, 2020-Ohio-6705. E), they did not search the public records of the county where the holder was said to have resided.
After starting in October and November 2019 The global impact of the COVID-19 pandemic spread around the world in the first few months of 2020. Once we go back to the new normal we expect that each E&P company will decide which is the most suitable for their needs, in-person or virtual? The criteria will depend on each use case.
First, the Louisiana Supreme Court on November 4, 2020 denied the Louisiana Department of Revenue’s writ application in Smith International, Inc. Second, the Louisiana legislature amended the Louisiana tax penalty regime in Acts 2020, No. Now, the penalties imposed by Acts 2015, No. In addition, the late payment penalty in La.
3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas, LLC , 970 F.3d Sanchez was never an Enterprise employee or a member of the rig’s crew.
3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Smart Fabricators of Texas, LLC , 970 F.3d Sanchez was never an Enterprise employee or a member of the rig’s crew.
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). 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. In In re Deepwater Horizon , No. See Barker v.
On September 11, 2020, Judge Feldman of the Eastern District of Louisiana denied the plaintiffs’ motion to order the Clerk of Court to mail a remand order in Plaquemines v. The procedural background involves Judge Feldman’s remand of the case and stay of the remand order pending appeal. The case is The Parish of Plaquemines v.
1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994
The advantage for minerals firms is that they have no investment in equipment or drilling costs, as do E&Ps. The challenge is that they must still do geological research on formations, and then predict where the E&P is planning to drill. Click here to listen to the Audio verison of this story!
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. 2020-C000200. Jefferson Davis Parish Board of Review , No. Louisiana property is assessed by the assessor for the parish where the property is located.
The Louisiana Supreme Court addressed the role of the Louisiana Tax Commission in its decision in the case of D90 Energy, LLC v. 2020-C000200. Jefferson Davis Parish Board of Review , No. Louisiana property is assessed by the assessor for the parish where the property is located.
The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). 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. In In re Deepwater Horizon , No. See Barker v.
On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. Bayou Bridge Pipeline, LLC v. Acres, More or Less, Located in St. Martin Parish, et al. [1] Martin Parish, et al. [1] James, Louisiana. One landowner had an interest of.0000994
In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.
New, expanded CFIUS regulations went into effect on February 13, 2020. businesses, in some cases require mandatory national security review of transactions. The regulations, dealing with foreign acquisition of control of U.S. businesses or certain foreign investments in U.S. In addition to addressing acquisitions of U.S.
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.
Hawaii Wildlife Fund, et al. where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 1342 (NPDES provisions).
Before Cyan was decided, the enforceability of exclusive federal forum provisions was challenged in a separate Delaware case, Sciabacucchi v. 18, 2020). [4] Corporations generally prefer to litigate these claims in federal court as state court is viewed as inefficient and more inclined to grant plaintiffs a summary judgment ruling.
Employee wages, salaries and commissions owed by an employer, $13,650 in 2020, that were earned within 180 days of a company filing for bankruptcy are given a higher priority in a bankruptcy proceeding ( fourth priority level ). This fifth priority cap is reduced by any amounts paid to the employee under the fourth priority. the company).
In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020 or 2021 ( see this article from the Wall Street Journal discussing the $120 billion debt wall these companies will face through 2023), and oil prices have been below the break-even point for many drilling sites.
The controlling element in this case focused upon by the Second Circuit was whether the operations were “commenced with reasonable expectation of discovering and producing minerals in paying quantities” at the location and depth chosen. A well was spud on March 28, 2006.
Employee wages, salaries and commissions owed by an employer, $13,650 in 2020, that were earned within 180 days of a company filing for bankruptcy are given a higher priority in a bankruptcy proceeding ( fourth priority level ). This fifth priority cap is reduced by any amounts paid to the employee under the fourth priority. the company).
The compliance date for Regulation BI and Form CRS is June 30, 2020. The Fiduciary Release does not create any new duties, but “reaffirms, and in some cases clarifies, certain aspects of the federal fiduciary duty an investment adviser owes to its clients.” [3] 3] It is effective immediately. 3] It is effective immediately.
The Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) recently issued a proposed rule on Risk Management, Financial Assurance and Loss Prevention (“Proposed Rule”), which was published in the Federal Register on October 16, 2020 and is now open for public comment.
The Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) recently issued a proposed rule on Risk Management, Financial Assurance and Loss Prevention (“Proposed Rule”), which was published in the Federal Register on October 16, 2020 and is now open for public comment.
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