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Overturning 8 Years of “Palpable Error,” The Louisiana Supreme Court Limits Damages Available to Landowners in Oilfield Legacy Litigation

The Energy Law

On June 30, 2021, the Louisiana Supreme Court issued an opinion redefining the nature of available damages and the “actual, statutorily permitted role of the jury in Act 312 remediation lawsuits.” 6/30/2021); — So. 3d — (“ LL&E II ”). [1]. Background of Legacy Litigation and LL&E I . LL&E II , at *2.

E&A 105
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Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate

The Energy Law

In doing so, the Court reaffirmed the employment-at-will doctrine, and its decision will likely be cited in many other types of employment law cases, including those asserting wrongful termination claims. It will also be useful to employers in a variety of other cases where their personnel decisions are challenged. Hayes, et al.

Casing 105
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New Developments in Shocking Case Before the Texas Supreme Court Regarding Construction of Novel Oil & Gas Royalty Term

The Energy Law

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. 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.

Royalty 59
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Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

The Energy Law

District Court for the Southern District of Texas in November of 2021. 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.” To date, Underwriters have not denied coverage.

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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

The Energy Law

BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.

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Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed

The Energy Law

This requirement was to go into effect on August 1, 2021. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place. The District Court noted that to withstand a motion for summary judgment, Louisiana would need to show a more concrete injury.

E&A 98
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Oklahoma Operations of Key Oil & Gas Companies (2025)

Oil Gas Leads

Anadarko Basin operations are primarily in Oklahoma (SCOOP/STACK plays), with some assets extending into southern Kansas and the Texas Panhandle in the case of Mach. production from Anadarko (Q2 2024) (N/A – private) ~7–9 rigs in Oklahoma (2025) Mewbourne Oil Co. CapEx = capital expenditures. Sources are cited in brackets.